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TMI Blog1983 (1) TMI 112X X X X Extracts X X X X X X X X Extracts X X X X ..... on ground in all these four appeals is that the AAC erred in holding that exemption u/s 5(1) (iv) and 5(1) (iva) of the WT Act, 1957 have to be allowed individually to the full extent to the assessee who happens to be a member of the Body of Individuals. 3. The assessee is a member of the communion under the Portuguese Civil Code along with her husband, Shri Laxman L.P. Concar. The case of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le under the law. After allowing the aforesaid exemptions from the joint property, he divided the balance into two equal parts and assessed one part and assessed one part in the hands of the assessee. The result of the action of the WTO was that the assessee did not get the full exemption premissible under the law, but actually got something less than the full exemption that she would have got had ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) 106 ITR 932 (Bom), the Bombay High Court has held that in the case of the assessee in Goa governed by the Portuguese Civil Code, both the husband and the wife should be assessed separately, and their income and wealth should not be clubbed together in one assessment taking the status as a Body of Individuals. Shri Roy Alfanso stated that the department has not accepted the aforesaid decision of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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