9911796707
TMI Blog1979 (3) TMI 10X X X X Extracts X X X X X X X X Extracts X X X X ..... nder s. 143(2) showing her income as follows Rs. Assessment year 1961-62 3,589 Assessment year 1962-63 5,423 Assessment year 1963-64 6,070 In the course of these assessments, all of which were made after 16th August, 1963, which is the date on which the compromise between the assessee and other members of the family has taken place, by virtue of which the assessee received Rs. 10,70,000 in full satisfaction of her claim as the widow of the deceased, Dinesh, the ITO sought to add one-sixth share of the income arising from the property, business and other sources of the HUF of Kantilal Manilal. Dinesh was a member of this HUF during his lifetime. When this one-sixth share of the income of the HUF of Kantilal Manilal was sought t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... took the view that " till such time as the distribution of the estate did in effect take place, the income from the distribution of the estate had to be taxed in the hands of the mother-in-law, Bai Pushpavati, in her capacity as administrator of the estate ". An additional reason which was given by the AAC for allowing the appeal was that the assessee had not received any such income during the intervening period and she was, therefore, not liable to tax in respect of such income. He considered whether the assessee could be made liable on accrual basis and found that there was no liability on the assessee even on accrual basis inasmuch as her right to receive such income was never recognised during that period. Thus, allowing the appeals, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Whether the assessee was liable to income-tax assessment for the assessment years 1961-62 to 1963-64, in respect of any income arising from the undistributed personal estate of her deceased husband and in respect of any income arising from the undistributed share of the interest of the deceased in the joint family of his father Kantilal ? " After having heard the learned counsel for the revenue and for the assessee, we are satisfied that there is no reason in this case to take a view different from the one which has been taken by the Tribunal. Both the Tribunal and the AAC have taken the view and have found as a fact that during the relevant years, the assessee was not in any way concerned with or was not in possession of any part of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ord " executor " is not to be understood in the restricted sense of the term because by the Explanation it has been given an extended meaning to include an administrator or other person administering the estate of a deceased person. A person who is actually administering the estate of a deceased person, therefore, would for the purposes of s. 168 be an executor in whose hands the income of the estate of the deceased person must be charged to tax. The extended definition is obviously intended to include a person who is in de facto management of the property of the deceased person. It is true that Dinesh in this case has not left any will. There was no executor in that sense nor were any letters of administration obtained, but the mother of D ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
