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Commissioner Of Income-Tax, U. P. vs Ram Rakshpal, Ashok Kumar. on 9 November, 1966

The decision which the High Court had in mind and on which in fact the High Court relied was a decision in the case of Commissioner of Income-tax, U. P. v. Ram Rakshpal, Ashok Kumar, 67 I.T.R. 164. In the said decision the Allahabad High Court held that in view of the provisions of the Hindu Succession Act, 1956, the income from assets inherited by a son from his father from whom he had separated by partition could not be assesssed as the income of the Hindu undivided family of the son. The High Court relied on the commentary in Mulla's Hindu Law, Thirteenth Edition page 248. The High Court also referred to certain passages from Dr. Derret's "Introduction to Modern Hindu Law" (paragraph 411, at page
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