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september 1971

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.

COMMISSIONER OF INCOME TAX, MADHYA PRADESH,NAGPUR vs HUKAMCHAND MOHANLAL · Niyam