1992 JTR(SC) 399
1993 Supp1 SCC 580
SUPREME COURT OF INDIA
EFORE S. RANGANATHAN, V. RAMASWAMI AND R.M. SAHAI, JJ.
COMMISSIONER OF INCOME AX
Versus
P.L. KARUPPAN CHETTIAR
Tax Reference Case No. 1 of 1986
Decided on 11-5-1992
Income from certain properties is not assessable in the hands of a Hindu Undivided Family, following the established precedent of the Supreme Court.
Act
Referred
:HINDU SUCCESSION ACT
: S.8, S.4
(A) Income Tax Act, 1961 - Section 257 - Assessability of income - Income from properties - Hindu Undivided Family - Whether income from certain properties is assessable in the hands of a Hindu Undivided Family - In view of the precedent of this Court, the income from the properties in question is not assessable in the hands of the assessee Hindu Undivided Family.
Facts of the case:
A reference was made to the Court by the Tribunal under Section 257 of the Income Tax Act, 1961, to determine whether the income derived from specific properties was assessable in the hands of the assessee Hindu Undivided Family.
Findings of Court:
The Court found that the income from the properties in question is not assessable in the hands of the assessee Hindu Undivided Family.
Issues: Whether the income from the properties in question is assessable in the hands of the assessee Hindu Undivided Family.
Ratio Decidendi: Relying on the established precedent of this Court, the Court ruled that the income from the properties in question is not assessable in the hands of the Hindu Undivided Family.
Result: Reference answered in favour of the assessee.
Facts of the case:
A reference was made to the Court by the Tribunal under Section 257 of the Income Tax Act, 1961, to determine whether the income derived from specific properties was assessable in the hands of the assessee Hindu Undivided Family.
Findings of Court:
The Court found that the income from the properties in question is not assessable in the hands of the assessee Hindu Undivided Family.
Issues: Whether the income from the properties in question is assessable in the hands of the assessee Hindu Undivided Family.
Ratio Decidendi: Relying on the established precedent of this Court, the Court ruled that the income from the properties in question is not assessable in the hands of the Hindu Undivided Family.
Result: Reference answered in favour of the assessee.
Assessability - The court relied on this precedent to determine that the income from the properties in question is not assessable in the hands of the assessee Hindu Undivided Family.
ORDER
In view of the decision of this Court in CWT v. Chander Sen {(1986) 3 SCC 567} the question referred to this Court directly by the Tribunal under Section 257 of the Income Tax Act, 1961 is answered in favour of the assessee by saying that the income from the properties in question is not assessable in the hands of the assessee Hindu Undivided Family. The reference is answered accordingly. There will be no order as to costs.
For Citation: 1993 Supp(1) SCC 580