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.