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january 1961

Supreme Court of India · 1961-01-18

MOHAMED NOORULLAH, REPRESENTING THE ESTATE OF LATE KHA vs THE COMMISSIONER OF INCOME-TAX, MADRAS.

Citation / case number
SC 1960/70
Court
Supreme Court of India
Petitioner
MOHAMED NOORULLAH, REPRESENTING THE ESTATE OF LATE KHA
Respondent
THE COMMISSIONER OF INCOME-TAX, MADRAS.
Bench
KAPUR, J.L.

Judgment text excerpt

The Supreme Court held that the business carried on by the heirs of a deceased Mohamedan, which was managed by court-appointed receivers, constituted an 'association of persons' under Section 3 of the Indian Income-tax Act, 1922. The Court ruled that the income from the business was assessable as the income of this association, rejecting the appellant's claim for separate taxation of co-heirs' shares. The ongoing suit for estate administration did not affect the tax assessment, affirming the High Court's decision and disapproving S. C. Mazumdar's case to the contrary.

MOHAMED NOORULLAH, REPRESENTING THE ESTATE OF LATE KHA vs THE COMMISSIONER OF INCOME-TAX, MADRAS. · Niyam