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august 1976

Supreme Court of India · 1976-08-04

NARENDRAKUMAR J. MODI vs COMMISSIONER OF INCOME TAX, GUJARAT II,AHMEDABAD

Citation / case number
SC 1971/60125
Court
Supreme Court of India
Petitioner
NARENDRAKUMAR J. MODI
Respondent
COMMISSIONER OF INCOME TAX, GUJARAT II,AHMEDABAD
Author
N.L. UNTWALIA
Bench
N.L. UNTWALIA

Judgment text excerpt

The Supreme Court held that under Section 25-A(3) of the Income Tax Act, 1922, the Income Tax Authorities are not bound by a subsequent partition decree of a civil court if no prior order accepting the partition was made. The Court clarified that the Hindu Undivided Family remains assessed as undivided until a formal order of partition is passed, thus upholding the Income Tax Officer's disallowance of the partition claim. The appeal was dismissed as the appellants failed to seek a reference to the High Court as required under the Act.

NARENDRAKUMAR J. MODI vs COMMISSIONER OF INCOME TAX, GUJARAT II,AHMEDABAD · Niyam