Niyam v2 is live — start for just ₹100 — 200 credits to try

november 1964

Supreme Court of India · 1964-11-09

COMMISSIONER OF INCOME-TAX, MADRAS vs M. K. STREMANN, MADRAS

Citation / case number
SC 1963/287
Court
Supreme Court of India
Petitioner
COMMISSIONER OF INCOME-TAX, MADRAS
Respondent
M. K. STREMANN, MADRAS
Bench
SIKRI, S.M.

Judgment text excerpt

The Supreme Court held that a partition deed executed on December 19, 1952, constituted a valid partition of self-acquired property blended with Joint Hindu family property, thus allowing separate assessments under Section 25A of the Income-tax Act, 1922. The Court found that the deed served as evidence of a pre-existing fact of blending, confirming that the properties had assumed the character of joint family property prior to partition. The Court upheld the High Court's ruling that the partition deed did not amount to a transfer under Section 16(3)(a)(iv).

COMMISSIONER OF INCOME-TAX, MADRAS vs M. K. STREMANN, MADRAS · Niyam