Supreme Court · 1965 INSC 269 · Decided 29 November 1965

M.CT.M. Chidambaram Chettiar v. Commissioner of Income-Tax, Madras

Court
Supreme Court of India
Citation
1965 INSC 269 · [1966] 2 S.C.R. 761
Case number
CIVIL APPEAL No. 477/1964
Decided
29 November 1965
Bench
K. SUBBA RAO, J.C. SHAH, S.M. SIKRI (3-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Income Tax Act Section 44D(1)

Headnote

761 Indian lncome4ax Act, 1922 (Act 11 of 1922), s. 44D-Firm trans­ ferred assets to Non-resident--lncon1e from Non-resident-If partners of firm assessable separately. A firm, constituted by the assessees who were closely related, trans­ ferred assets to a Corporation carrying on Malaya States. · In consideration of the assets •o transferred the Corporation allotted shares to the partners of the firm. The Income­ tax Officer assessed the partners of the firm separately under s. 44D of the Act in respect of the income of the Corporation, which on

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