| Case ID |
d677590b-f163-4b70-8dff-b4d2a187648c |
| Body |
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| Case Number |
Income-tax Reference No. 107 of 1992 |
| Decision Date |
Aug 23, 1999 |
| Hearing Date |
|
| Decision |
The court concluded that the business continued by the widow of the deceased owner was assessable as a body of individuals. The Income-tax Officer's assessment of the income from the clinic as a 'body of individuals' was upheld. The court emphasized that the business was carried out in the common interest of all heirs and therefore should not be assessed separately for each heir. The decision also referenced previous case law to support the judgment. |
| Summary |
In the case of Income-tax Reference No. 107 of 1992, the Calcutta High Court addressed the assessment of income from a clinical laboratory owned by the late Dr. A.N. Ganguly. Following his death in 1973, his widow, Sm. Renuka Ganguly, continued the business on behalf of their minor children and two married daughters from his first marriage. The Income-tax Officer assessed the income for the years 1974-75, 1975-76, and 1976-77 as a 'body of individuals.' On appeal, the Tribunal decided to assess the income separately among the heirs. However, the High Court found that the business was run in the common interest of all heirs, thus affirming the Income-tax Officer's original assessment. This case highlights the complexities of income assessment in light of familial business operations and the legal interpretations of 'body of individuals' under the Indian Income Tax Act, 1961. Keywords such as 'income tax assessment,' 'body of individuals,' and 'Indian Income Tax Act' are crucial for understanding the implications of this ruling. |
| Court |
Calcutta High Court
|
| Entities Involved |
Not available
|
| Judges |
R. Jayasimha Babu
|
| Lawyers |
Not available
|
| Petitioners |
Sm. Renuka Ganguly
|
| Respondents |
Not available
|
| Citations |
2001 SLD 581,
2001 PTD 3593,
(1999) 240 ITR 889
|
| Other Citations |
Meera & Co. v. CIT (1979) 120 ITR 564,
G:N. Sunanda v. CIT (1988) 174 ITR 66,
CIT v. Harivadan Ribhovandas (1977) 106 ITR 494
|
| Laws Involved |
Indian Income Tax Act, 1961
|
| Sections |
143,
147
|