Supreme Court · 1985 INSC 217 · Decided 30 September 1985
SMT. Saroj Aggarwal v. Commissioner of Income TAX,U.P.
- Court
- Supreme Court of India
- Citation
- 1985 INSC 217 · [1985] SUPP. 3 S.C.R. 209
- Case number
- CIVIL APPEAL No. 542/1974
- Decided
- 30 September 1985
- Bench
- V.D. TULZAPURKAR, SABYASACHI MUKHERJI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Income Tax Act Section 72, 73, 74, 78, 35, 256(2)
Headnote
Income Tax Act 1961 Sections 72, 73, 74 and 78. Speculation rosiness - Loss - Set off of plilrtner' s share - Death of partner - Widow joining as partner in new partnership - A B Set off of loss of deceased partner against profits earned by C widow - Whether permissible. Interpretation of Deeds - Whether could be inferred - Whether succession could be by D inheritance - Facts , being viewed in natural perspective and social milieu of country - Necessity for - Indicated. The appellant is the assessee. Her husband was a partner in three partnership firms. A partnership deed dated 30th
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