Dismissing the appeal of the assessee the Court held that , a family settlement which is a settlement amongst family members in the context of their ‘preexisting right’ is not a “transfer”. Such a settlement only defines a preexisting joint interest as a separate interest. However, if there is no preexisting right, the family arrangement constitutes a “transfer”. Merely because dispute involved some family members and such dispute is ultimately settled by filing consent terms, the same cannot be styled as a family arrangement or family settlement so as to hold that the consideration received as a result of such settlement, does not constitute capital gain . Referred Maturi Pullaiah v. Maturi Narasinham, AIR 1966 SC 1836. Court also up held the reassessment proceedings . (ITA Nos , 3,4, 9 &10of 2012 dt 8 -11-2019) (AY. 1999-2000)
P.P. Mahatme, Power of Attorney ,Lorna Margaret Pinto v .ITO ( 2019 ) 112 taxmann.com 253 / (2020) 420 ITR 71 / 268 Taxman 186 / 186 DTR 260/ 313 CTR 147 ( Bom) (HC) www.itatonline .org.Editorial : SLP of assessee is dismissed P. P. Mahatme v. ACIT ( 2021 ) 279 Taxman 325 ( SC)
S.45 : Capital gains- Family arrangements- If there is no preexisting right, the family arrangement constitutes a transfer- Merely because dispute involved some family members and such dispute is ultimately settled by filing consent terms, the same cannot be styled as a family arrangement or family settlement so as to hold that the consideration received as a result of such settlement, does not constitute capital gain- Reassessment is also held to be valid . [ S.45,147, 148 , 149 ,151, 163 ]