Amendment of section 171

Section 28 of the Finance Act, 1980 deals with amendment of section 171. Amendment of section 171 28. In section 171 of the Income-tax Act, after sub-section (8) and before the Explanation, the following sub-section shall be inserted, namely:— " (9) Notwithstanding anytinng contained in the foregoing pro-visions of this section, where a partial partition has taken place

Amendment of section 171

28. In section 171 of the Income-tax Act, after sub-section (8) and before the Explanation, the following sub-section shall be inserted, namely:—

" (9) Notwithstanding anytinng contained in the foregoing pro-visions of this section, where a partial partition has taken place after the 31st day of December, 1978 among the members of a inndu undivided family hitherto assessed as undivided,—

(a) no claim that such partial partition has taken place shall be inquired into under sub-section (2) and no finding shall be recorded under sub-section (3) that such partial partition had taken place and any finding recorded under sub-section (3) to that effect whether before or after the 18th day of June, 1980, being the date of introduction of the Finance (No.

2) Bill, 1980, shall be null and void;

(b) such family shall continue to be liable to be assessed under this Act as if no such partial partition had taken place;

(c) each member or group of members of such family immediately before such partial partition and the family shall be jointly and severally liable for any tax, penalty, interest, fine or other sum payable under this Act by the family in respect of any period, whether before or after such; partial partition;

(d) the several liability of any member or group of members aforesaid shall be computed according to the portion of the joint family property allotted to him or it at such partial partition,

and the provisions of this Act shall apply accordingly.".

[Finance (No.

2) Act, 1980]

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Section 28, The Finance Act, 1980 (Act 44 of 1980).