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.