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july 1999

Supreme Court of India · 1999-07-27

UNION OF INDIA vs M.V. VALLIAPPAN .

Citation / case number
SC 1988/67990
Court
Supreme Court of India
Petitioner
UNION OF INDIA
Respondent
M.V. VALLIAPPAN .
Author
M.B.SHAH
Bench
S.P.BHARUCHA , B.N.KIRPAL , S.RAJENDRA BABU , S.S.M.QUADRI , M.B.SHAH

Judgment text excerpt

The Supreme Court upheld the High Court's decision to strike down Section 171(9) of the Income Tax Act, 1961, as unconstitutional under Article 14 of the Constitution, ruling that it lacked legislative competence. The Court affirmed that the recognition of a partial partition under Section 171(2) remains effective unless revoked, and thus, income from partitioned properties cannot be assessed in the hands of the Hindu undivided family. The appeals were dismissed, affirming the High Court's judgment.

UNION OF INDIA vs M.V. VALLIAPPAN . · Niyam