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1 - 10 of 18 (1.09 seconds)The Commissioner Of Income-Tax,Madhya ... vs Sodra Devi(With Connected Appeal) on 17 May, 1957
]); (2) are the attributes of a wife enough to make a woman a wife such as a concubine or a fiancee as in T.V. Krishna Iyer v. Commissioner of Income-tax the woman is not an individual (see Commissioner of Income-tax v. Sodra Devi . and (4) looking at the list of reliefs of the harassed husband, the income-tax relief value of a wife comes to only about Rs. 10 or Rs. 12 a month on an analysis of the great advantages of taxation which a married man is supposed to enjoy over his unmarried fellowman in India. It shall rest content in this reference by holding the very old traditional orthodox and unfashionable view that a wife under section 16(3)(a)(iii) means a legally wedded wife and no one else, although the customs of such legal wedding may liberally vary as being sanctified either in the church or on the marriage register before some ancient fire.
Tulsidas Kilachand vs The Commissioner Of Income-Tax,Bombay ... on 3 January, 1961
and Tulsidas Kilachand v. Commissioner of Income-tax . to show that a transfer for natural love and affection by a husband to his wife is not a transfer for consideration, adequate or otherwise, and so comes within section 16(3)(a)(iii) of the Act.
Tarunendra Nath Tagore And Others vs Commissioner Of Income-Tax, West ... on 3 September, 1957
On behalf of the taxing authorities, reliance was placed on the decision in Tarunendra Nath Tagore v. Commissioner of Income-tax . and on the observations in the very same pages which I have already quoted in order to show that Chakravartti C.J. in considering the nature of a revocable transfer did not at all suggest that the provision for the revocation of a transfer must be explicit and not implied. On the other hand, it was contended from the context and many of the observations in that judgment that the suggestion was clear there that the legal effect of or inference from a document might include revocation.
Section 16 in The Income Tax Act, 1961 [Entire Act]
Section 66 in The Income Tax Act, 1961 [Entire Act]
Section 25 in The Indian Contract Act, 1872 [Entire Act]
The Indian Contract Act, 1872
The English And Foreign Languages University Act, 2006
Rai Bahadur H. P. Banerjee vs Commissioner Of Income-Tax, Bhiar & ... on 20 November, 1940
The next important point for consideration under section 16(3)(a)(iii) of the Act is the question of "adequate consideration". On behalf of the assessee reliance has been placed on a number of decisions which may be briefly reviewed. The first is the well known decision of the Patna full bench in Rai Bahadur H.P. Banerjee v. Commissioner of Income-tax . That case held that all transfers by a husband to his wife of assets otherwise than for adequate consideration covered all transfers in the nature of gifts or transfers made purely on the ground of natural love and affection. The point of the decision was based on the word "consideration" being construed by the full bench of the Patna High Court as "valuable consideration" and not merely "good consideration" such as natural love and affection. Many reasons were put forward by the Patna full bench why the word "consideration" should be so construed. One was the definition of the word "consideration" in the Contract Act. The other one was the use of the words "natural love and affection" in section 25 of the Contract Act and the particular context of section 25 of the Contract Act. The third was that even if it could be assumed that natural love and affection amounted to consideration within the meaning of section 16(3)(a)(iii) of the Income-tax Act, it could not come under the words "adequate consideration" within the meaning of that section. These reasons will be found in the judgment of the full bench delivered by Harries C.J. at pages 147 to 149 and in the observations of Manoharlal J. at pages 151 to 154 of the Patna report which I have already quoted.