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.