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december 1950

Supreme Court of India · 1950-12-21

V.V.R.N.M. SUBBAYYA CHETTIAR vs COMMISSIONER OF INCOME-TAX, MADRAS.

Citation / case number
SC 1949/6
Court
Supreme Court of India
Petitioner
V.V.R.N.M. SUBBAYYA CHETTIAR
Respondent
COMMISSIONER OF INCOME-TAX, MADRAS.
Bench
FAZAL ALI, SAIYID

Judgment text excerpt

The Supreme Court interpreted Section 4A(b) of the Indian Income-tax Act, 1922, establishing that a Hindu undivided family is presumed to be a resident in taxable territories unless proven otherwise. The Court clarified that the burden of proof lies with the assessee to demonstrate that the control and management of family affairs are situated outside British India. In this case, the Court held that the appellant did not discharge this burden, thus affirming the presumption of residency in British India for the year in question.

V.V.R.N.M. SUBBAYYA CHETTIAR vs COMMISSIONER OF INCOME-TAX, MADRAS. · Niyam