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august 1971

Supreme Court of India · 1971-08-18

INSPECTING ASSISTANT COMMISSIONER AGRICULTURAL INCOME TA vs POOMUILLI MANAKKAL PARAMESWARAN NAMBOODRIPAD

Citation / case number
SC 1969/60327
Court
Supreme Court of India
Petitioner
INSPECTING ASSISTANT COMMISSIONER AGRICULTURAL INCOME TA
Respondent
POOMUILLI MANAKKAL PARAMESWARAN NAMBOODRIPAD
Bench
HEGDE, K.S.

Judgment text excerpt

The Supreme Court held that the amended Section 29 of the Travancore-Cochin Agricultural Income-tax Act, 1950, is a machinery provision with retrospective effect from April 1, 1958, applicable only if the family was assessed as undivided in the previous year or for the first time. The Court found that the respondent's family had been assessed as divided individuals, thus the conditions for reassessment as a Hindu undivided family were not met. Consequently, the appeal was dismissed, affirming the High Court's ruling that the family was non-existent for tax purposes during the relevant years.

INSPECTING ASSISTANT COMMISSIONER AGRICULTURAL INCOME TA vs POOMUILLI MANAKKAL PARAMESWARAN NAMBOODRIPAD · Niyam