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1967 Supreme(SC) 202

S.M.SIKRI, V.RAMASWAMI, J.C.SHAH
M. M. Lpoh: M. Chettippan – Appellant
Versus
Commissioner Of Incometax, Madras: Income-tax Officer, Karaikudi (In All The Appeals) – Respondent


Advocates:
B.MANIVANNAN, B.PARTHASARTHY, J.B.DADACHAN, K.NARAYANASWAMY, M.K.NAMBIYAR, O.C.MATHUR, R.Ganapathy Iyer, R.N.SACH, Ravindra Narayan, S.T.DESAI

Judgement

SHAH, J. : - Meyyappa (I), Alagammal his wife, and Chokalingam and Meyyappa (II) his two minor sons formed in 1940 a Hindu undivided family which traded in the name of "M. S. M. M.". The family carried on extensive business in money-lending, rubber plantations, and in real estates in the Federated States of Malaya, Burma and India.

2. The property of the family was divided between the three male members on February 22, 1940. To Meyyappa (I) were allotted at the partition "business of the family" at Rangoon and at Karaikudi in the Ramnath District and three rubber estates in the Federated States of Malaya and some houses. Even after the partition Meyyappa (I) continued to remain in management on behalf of himself and his two minor sons of all the properties and the businesses carried on by the family when it was joint, and the businesses were carried on in the name of "M. S. M. M."

3. The houses and the three rubber estates allotted exclusively to Meyyappa (I) were entered in the books of accounts opened in the name of "M. M. Ipoh" from the date of the division. In December 1941 Alagammal gave birth to a son who was named Chettiappa. Meyyappa (I) and Chettiappa then constitut





































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