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Mallesappa Bandeppa Desai And Others vs Desai Mallappa And Others on 9 February, 1961

8. Question No. 2 presents some difficulty because there is a sharp cleavage of opinion between different High Courts on this issue. The Appellate Tribunal was right in holding that since no coparcenary subsisted between the assessee, Shrivallabhdas Modani, and his sons, the property received by Shrivallabhdas Modani on his father's death could not be legally blended with the property which had been allotted to his sons on partition in the year 1962. This view is supported by Goli Eswariah v. CGT [1970] 76 ITR 675 (SC), Malesappa Bandeppa Desai v. Desai Mallappa [1961] 3 SCR 779 and Vijay Kumar Kedia v. CED [1976] 104 ITR 302 (All). There is no difficulty so far.
Supreme Court of India Cites 1 - Cited by 129 - P B Gajendragadkar - Full Document
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