Supreme Court · 1960 INSC 76 · Decided 14 April 1960

Darbar Shri Vira Vala Surag'vala, Vadia v. The State of Saurashtra (No-W Bombay)

Court
Supreme Court of India
Citation
1960 INSC 76 · [1960] 3 S.C.R. 521
Case number
WRIT PETITION (CIVIL) No. 62/1956
Decided
14 April 1960
Bench
SYED JAFFER IMAM, S.K. DAS, J.L. KAPUR, A.K. SARKAR, M. HIDAYATULLAH (5-judge bench)
Outcome
Dismissed
Case type
Writ / Constitutional
Acts & sections cited
Constitution Article 32; Income Tax Act Section 3

Headnote

·1 •• • 3 S.C.R. SUPREME COURT REPORTS -521 vVe have indicated above what is the crucial test in determining an association of persons within the meaning of s. 3, and we are of the view that the test suggested by lea1•ned counsel for the appellant are neither conclusive finding is that they have not exercised their right to separate en joyrnent, and except for receiving the dividends and interest jointly, it has been found that they have clone no act which has helped to produce income 111 respect of the shares and deposits. On these fmdings it cannot be held

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