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may 1959

Supreme Court of India · 1959-05-15

THE COMMISSIONER OF INCOME-TAX, WEST BENGAL vs KALU BABU LAL CHAND

Citation / case number
SC 1957/60084
Court
Supreme Court of India
Petitioner
THE COMMISSIONER OF INCOME-TAX, WEST BENGAL
Respondent
KALU BABU LAL CHAND
Bench
DAS, SUDHI RANJAN (CJ)

Judgment text excerpt

The Supreme Court held that the remuneration received by R, the karta of a Hindu undivided family, as managing director of a company was to be treated as income of the Hindu undivided family under the Income-tax Act. The Court clarified that although the managing director is an individual appointed for personal skills, the income derived from the position must be assessed based on whether it was earned using joint family assets. Since R utilized family funds for the business, the remuneration was deemed the income of the Hindu undivided family and should be taxed accordingly.

THE COMMISSIONER OF INCOME-TAX, WEST BENGAL vs KALU BABU LAL CHAND · Niyam