High CourtsDivision Bench(1996) 12 MAD CK 0034

Commissioner of Wealth-tax vs L. Boriah Gowder

Madras High Court · Decided on 12 December 1996 · Citation: (1998) 232 ITR 429

HON’BLE JUDGES
N.V. Balasubramanian, J · K.A. Thanikkachalam, J
CASE NUMBER
Tax Case No. 1888 of 1984 (Reference No. 1371 of 1984)

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Judgment

10 paragraphs · 201 words

K.A. Thanikkachalam, J.—At the instance of the Department, the Tribunal referred the following question for the opinion of this court for

the assessment year 1976-77 u/s 27(1) of the Wealth-tax Act, 1957 :

Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in holding that the assessee''s status should be

adopted as that of a Hindu undivided family for purposes of his wealth-tax assessment ?

2.

The point for consideration is whether the assessee''s status should be adopted as that of a Hindu undivided family for the purposes of his

wealth-tax assessment. The Tribunal held that the status of the assessee is that of a Hindu undivided family for the assessment year 1976-77. A

similar question came up for consideration before this court in the case of the same assessee in the assessment years 1972-73 to 1974-75, wherein

this court held that the status of the assessee is not that of a Hindu undivided family. This decision was in Commissioner of Income Tax Vs. L.

Balasubramaniam and Another, .

3.

In view of the abovesaid decision, we answer the question referred to us in the negative and in favour of the Department. No costs.