Supreme Court · 1972 INSC 18 · Decided 19 January 1972

Commissioner of Wealth Tax, West Bengal v. Champa Kumari Singhi & ORS.

Court
Supreme Court of India
Citation
1972 INSC 18 · [1972] 3 S.C.R. 118
Case number
CIVIL APPEAL No. 1090/1971
Decided
19 January 1972
Bench
K.S. HEGDE, A.N. GROVER, A.N. RAY (3-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Constitution; Hindu Marriage Act; Hindu Succession Act; Succession Act

Headnote

Wealth Tax Act, 1957, Section 3-Jain undivided family, whether Hindu Vndivided Fa111ily. The High Court held that the assessee, a Jain undivided family was not a Hindu undivided family within the meaning of section 3 of Wealth B Tax Act, 1957. According to· the High Court, in order to form the assessee family being Jains were not Hindus and so its members could not form a Hindu un­ divided family although it was "capable of forming a unit of very much of the same type and g_overned by the law applying to a Hindu undivided family". On the question whether the word

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