Saturday, March 29, 2008

HUF for other religions?



Hi Mohit,

Only Hindus can create an HUF. The Income Tax Act cannot override
the Indian Constitution. While the criminal laws are uniform across
all communities, the government does not interfere in the civil
laws, dictated by holy scriptures of a community, unless a religious
edict lays down/sanctifies something very abominable.

Muslim civil laws are dictated by the Sharia. Committed to according
equal respect to all religions, the Indian government lets the
Muslim community regulate their affairs relating to marriage,
divorce, family constitution, etc as is laid down in the Sharia. So
a Muslim can stay married to more than one woman simultaneously. But
if I marry a second time, I would be put behind bars for 7 years
under the Hindu Marriage Act, unless of course I convert to Islam
like Dharmender did when he married Hema Malini without divorcing
Sunny Deol's Mom. Sharia allows four wives.

But the flipside of being a Muslim is that you can't create a Muslim
Undivided Family as a tax entity.

While Muslims and Christians certainly have families like the
Hindus, their customs being different, no special tax status has
been extended to their undivided families.

Thanks,

CA Sanjeev Bedi

--- In ICAI_CIRC_MEERUT_ CA@yahoogroups. com, mohit arora
wrote:
>
> Sir,
>
> What about if a muslim family is having a family business. How it
will be taxed ?
>
> Is Indian Income Tax Law is not secular to this extent ?
>
> Expert comments are requested in this matter.
>
> Thanks & Regards
>
> CA. Mohit Arora
>
>
> Dear Jimish,
> Obviously only Hindu family can have a HUF as the concept emanates
from Hindu Law.
>
> Regards,
> CA Prafulla
>
>
> On 3/27/08, Jimish Shah wrote:
> Hi!!
>
> Can any person i.e. Any Indian Resident of any religion.
caste.creed can for HUF or it can be formed only if the family is
Hindu family?
>
> Jimish

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