Advocate Bombay High Court
26 Points
Joined February 2022
I don’t think section 64(2) is applicable here. Loan is not property converted by karta into joint family property, it is a liability and has to be repaid. Assuming the karta has taken consent of other members/coparceners, in my view, the amount is taxable in HUFS hands only since the loan was utilised towards investment resulting in capital gains. If the other coparceners allege that the karta wrongly exercised power by investing etc they may file a civil suit but tax liability is upon the HUF only.