Supreme Court of India · 1965-11-17
COMMISSIONER OF INCOME-TAX, ASSAM vs NANDLAL AGGARWAL & ANR.
- Citation / case number
- SC 1964/90347
- Court
- Supreme Court of India
- Petitioner
- COMMISSIONER OF INCOME-TAX, ASSAM
- Respondent
- NANDLAL AGGARWAL & ANR.
- Bench
- RAMASWAMI
Judgment text excerpt
The Supreme Court held that under Section 40 of the Indian Income-tax Act, 1922, the guardians of the minor sons must be assessed as a Hindu undivided family, as the minors constituted a joint Hindu family upon the death of their father. The Court clarified that the appointment of guardians did not effect a partition of the property, and the order allowing separate accounts post-assessment could not alter the tax liability for the relevant accounting year. The High Court's decision against the Revenue was upheld, affirming the assessment status of the minors' income.