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november 1965

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.

COMMISSIONER OF INCOME-TAX, ASSAM vs NANDLAL AGGARWAL & ANR. · Niyam