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february 1978

Supreme Court of India · 1978-02-14

TOLARAM BIJOY KUMAR vs COMMISSIONER OF INCOME TAX, ASSAM

Citation / case number
SC 1972/60266
Court
Supreme Court of India
Petitioner
TOLARAM BIJOY KUMAR
Respondent
COMMISSIONER OF INCOME TAX, ASSAM
Bench
BEG, M. HAMEEDULLAH (CJ)

Judgment text excerpt

The Supreme Court held that the share of a coparcener in a Hindu Undivided Family (HUF) after partition remains property of the HUF and cannot be assessed as individual property under the Income Tax Act, 1922. The Court emphasized that partition only severs the claims of coparceners, and the property remains joint family property. The appeal by Tolaram for separate assessment of his share in the partnership was rejected, affirming the High Court's decision in favor of the Revenue.

TOLARAM BIJOY KUMAR vs COMMISSIONER OF INCOME TAX, ASSAM · Niyam