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1946 (4) TMI 27

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..... d thus :- A certain Hindu undivided family which was assessed in respect of its income from property became divided in the previous year relevant to the assessment year 1941-42. The Income-tax Officer made an enquiry into the fact of partition in accordance with the provisions of Section 25A of the Income-tax Act and he held that there was a partition in the family as from January 31, 1941. There .....

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..... - "Where any business, profession or vocation on which tax was at any time charged under the provisions of the Indian Income-tax Act, 1918, is discontinued, then...... no tax shall be payable in respect of the income, profits and gains of the period between the end of the previous year and the date of such discontinuance, and the assessee may further claim that the income, profits and gains .....

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..... guage of the statute. It has been contended that it would be anomalous to hold that while relief is granted to persons who carried on business, profession or vocation which attracted the provisions of the Income-tax Act, 1918, the legislature should not have granted under that Act. In our judgment, this contention is ill-founded and is opposed to the well known canon of interpretation of statutes, .....

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..... ome from property has been laid down in Section 9, while that for the computation of income from business, profession or vocation has been described in Section 10. From this it is clear that the expression "business, profession or vocation" used in Section 25 (3) relates to that head of Income, which has been dealt with in Section 10, and is quite distinct from the head of "Income f .....

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