Commissioner Of Income Tax vs Nandlal Agarwal & Anr.

Authority: Supreme Court Date: 1965-11-17 AY: 1954-55 Section: 160(1)(ii), 161 Acts: Indian Income Tax Act, 1922; Guardians and Wards Act, 1890 Result: Revenue Citation: (1966) 59 ITR 758 (SC) Justices: K. Subba Rao, J.C. Shah & S.M. Sikri, JJ. Appeal No: Civil Appeal No. 820 of 1964
Whether the income of minors should be assessed in the hands of their guardians as income of a Hindu Undivided Family (HUF) when the minors inherited joint family property from their deceased father --- Held Yes, as the property remained joint family property until partition, and guardians must be assessed under Section 40 treating the minors as an HUF.

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