Supreme Court · 1965 INSC 93 · Decided 5 April 1965

Kalooram Govindram v. Commissioner of Incometax, Madhya Pradesh, Nagpur

Court
Supreme Court of India
Citation
1965 INSC 93 · [1965] 3 S.C.R. 641
Case number
CIVIL APPEAL No. 41/1964
Decided
5 April 1965
Bench
K. SUBBA RAO, J.C. SHAH, S.M. SIKRI (3-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Income Tax Act Section 10(2)(vi)

Headnote

Indian Income-tax Act, 1922 (11 of 1922), s. 10(2! '.'i-P""1titioo, of Hindu joint fami!y-Asset auctioned between dividing branc~es -Value on which depre(!iation to be allowed-Whether on auction price or on original cost to the erstwroile larger family. On partition being effected only an interest in the entire joint family property_ ae>­ family. The preliminary decree passed by the Court determmed 10/16 as the share of the appellant family and 6/16 as that of the other branch. Those assets of the erstwhile larger joint family which could not be physka!ly divided

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