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october 1965

Supreme Court of India · 1965-10-27

STATE OF ORISSA vs SHYAM SUNDAR PATNAIK

Citation / case number
SC 1964/90362
Court
Supreme Court of India
Petitioner
STATE OF ORISSA
Respondent
SHYAM SUNDAR PATNAIK
Bench
SHAH, J.C.

Judgment text excerpt

The Supreme Court held that under Clause B of the Schedule to the Orissa Agricultural Income-tax Act, 1947, a joint Hindu family consisting of the sons of deceased brothers qualifies as a family of 'brothers only'. The Court interpreted the term 'brother' to include sons and grandsons of brothers, thus allowing the family to benefit from agricultural income tax provisions. Additionally, the Court affirmed that income from milk derived from cows maintained by the family is considered agricultural income, referencing the precedent set in Commissioner of Income-tax, West Bengal v. Raja Benoy Kumar Sahas Roy.

STATE OF ORISSA vs SHYAM SUNDAR PATNAIK · Niyam