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Kalwa Devadattam And Two Others vs The Union Of India And Others on 19 April, 1963 cites

Wallace Brothers And Co. Ltd. vs Commissioner Of Income-Tax, Bombay ... on 11 March, 1954

We will reserve for separate consideration the common question which arose in these two appeals, namely, whether the partition by the deed dated March 14, 1947 between Nagappa and his sons the plaintiffs was a sham transaction. Even on the footing that the partition was real and intended to be operative, suit No. 52 of 1950 filed by the plaintiffs against the Union was bound to fail for more reasons than one. For the assessment year 1943-44 the Hindu undivided family of Nagappa and his sons was assessed to income-tax. In the years 1944-45, 1945-46 and 1946-47 the family was also assessed to pay income-tax, super-tax and excess profits tax, as set out hereinbefore. Nagappa maintained his accounts according to the Telugu year. and the last year of account corresponding to the assessment year 1946-47 ended on April 2, 1946. Under the Indian Income Tax Act liability to pay income.tax arises on the accrual of the income, and not from the computation made by the Taxing authorities in the course of assessment proceedings: it arises at a point of time not later than the close of the year of account. As pointed out by the Judicial Committee of the Privy Council in Wallace Brothers and Co, Ltd. v. The Commissioner of Income-tax, Bombay City and Bombay Suburban District (1):
Bombay High Court Cites 11 - Cited by 38 - B P Sinha - Full Document
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