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Judgment Search Results Home > Cases Phrase: hindu adoptions and maintenance act 1956 section 27 maintenance when to be a charge Court: income tax appellate tribunal itat hyderabad Year: 1992

Mar 24 1992 (TRI)

Gift-tax Officer Vs. Smt. Meka Chandramathi

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Decided on : Mar-24-1992

Reported in : (1992)42ITD90(Hyd.)

..... was a moral or a religious obligation of parents to perform the marriage of their daughter by incurring reasonable expenses therefor under hindu law was elevated to a statutory obligation under the hindu adoptions and maintenance act, 1956 (hereinafter called the maintenance act). section 20 of the maintenance act mandates that a person is under a legal obligation to maintain his wife, minor sons, unmarried daughters and old parents. the expression ..... family property for the benefit of the daughter and the son-in-law, and a gift made long after the marriage may be supported upon the ground that the gift when made fulfills that moral or religious obligation.from the above decision of the supreme court it is abundantly clear that it is the imperative duty and moral obligation of a ..... joint family property as a marriage provision can hardly be regarded as a gift since such a provision is compulsive under the hindu law and by no means voluntary in the proper sense of the term. again, since the karta, when he settles the property on the unmarried daughter, by the same token, discharges the obligation of the joint family estate to ..... in this behalf remains inchoate in the sense that these rights and obligations do not attach to specific property. when the members of the hindu joint family allot certain properties to the unmarried daughters of the family at the time of partition to discharge the binding obligation on them to maintain them and to get .....

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Jun 11 1992 (TRI)

Jeevanlal Narsi and Sons Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Decided on : Jun-11-1992

Reported in : (1992)42ITD719(Hyd.)

..... assessee does not disclose true and proper income in which case the assessing officer is entitled and in fact has a duty to adopt proper computation to determine the true income by adopting the provisions of section 145 of the it act. (4) section 43b came into the statute book from 1-4-1984. after the said date, even in cases where the assessee followed mercantile ..... customers and credited it to a separate account called the deposit account: held, on the facts, that the amounts were part of every transaction and formed part of the price charged by the assessee. the amounts were consequently assessable as trading receipts.7. the learned counsel for the assessee also relied upon the earlier decision of this tribunal for assessment year ..... be implemented fully. but what is the intendment of the legislature can be gathered by the nature of the amendment brought. the intendment of such amendment, the explanatory note offered when the amendment was introduced in the parliament etc. a consideration of all these things would lead us to the inescapable conclusion that the intendment of the first proviso was only ..... sustained by the assessee, while computing its business income. the assessee as a businessman is entitled to adopt any system of accounts known to law like mercantile, cash system or mixed accounts. whatever method that may be followed, the ultimate aim of the account maintenance must be to bring out the true profits and gains derived by the assessee from its business .....

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