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december 1975

Supreme Court of India · 1975-12-18

GOVINDDAS & ORS. ETC. ETC. vs INCOME TAX OFFICER & ANOTHER

Citation / case number
SC 1975/60494
Court
Supreme Court of India
Petitioner
GOVINDDAS & ORS. ETC. ETC.
Respondent
INCOME TAX OFFICER & ANOTHER
Author
P.N. BHAGWATI
Bench
P.N. BHAGWATI

Judgment text excerpt

The Supreme Court interpreted Section 25A of the Income Tax Act, 1922, establishing that a Hindu undivided family remains liable for tax unless a partition order is recorded. It clarified that under Section 171 of the Income Tax Act, 1961, members are jointly and severally liable for tax assessed on the joint family, even if no partition claim is made during assessment. The Court held that a recorded order of partition is necessary for transforming the tax liability from the family to individual members, emphasizing the distinction between total and partial partitions.

GOVINDDAS & ORS. ETC. ETC. vs INCOME TAX OFFICER & ANOTHER · Niyam