Supreme Court of India · 1971-09-17
COMMISSIONER OF INCOME TAX, MADHYA PRADESH,NAGPUR vs HUKAMCHAND MOHANLAL
- Citation / case number
- SC 1968/60389
- Court
- Supreme Court of India
- Petitioner
- COMMISSIONER OF INCOME TAX, MADHYA PRADESH,NAGPUR
- Respondent
- HUKAMCHAND MOHANLAL
- Bench
- GROVER, A.N.
Judgment text excerpt
The Supreme Court upheld the Madhya Pradesh High Court's ruling that the sum of Rs. 24,341 was not liable to tax under Section 41(1) of the Income Tax Act, 1961, as the amount was received by the assessee after the death of her husband, who was the original taxpayer. The Court clarified that since the allowance or deduction was claimed by the deceased husband, the income could not be attributed to the wife. The judgment reinforced the principle that tax liability follows the original taxpayer, and the refund received by the assessee did not constitute her income.