Supreme Court · 1973 INSC 29 · Decided 13 February 1973

C.I.T. Bihar & Orissa, Patna v. Maharaj Kumar Kaml Singh

Court
Supreme Court of India
Citation
1973 INSC 29 · [1973] 3 S.C.R. 522
Case number
CIVIL APPEAL No. 297/1970
Decided
13 February 1973
Bench
K.S. HEGDE, P. JAGANMOHAN REDDY, HANS RAJ KHANNA (3-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Constitution Article 14; Income Tax Act Section 16(3)(a)(a)(iii), 9(4)(a), 27(ii)

Headnote

Indian Income-Tax Act, 1922, ss. 16(3)(a) (a)(iii), 9(4)(a)-Hol4er of impartible estate, transferring properties of estate to his wife-fnc()me from properties whether liable to be included in i11come of assessee­ Fiction created by s. 9 ( 4 )(a) re11ders assessee liable under s. 16( 3) By an iodonture dated 23rd November, 1963, he granted to his wife two premises fer life by way of supplementary maintenance grant. If was a direct trans­ fer which was admittedly not effected for any consideration or in connec­ . ticiQ with the agreement to live apart. During the

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