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1959 Supreme(Cal) 123

D.N.SINHA
SUSHILA DEVI RAMPURIA – Appellant
Versus
INCOME TAX OFFICER – Respondent


Advocates Appeared:
B.Pal, Barun Chakravarty, E.R.Meyer, S.MITRA

D. N. SINHA, J.

( 1 ) THE facts in this case are shortly as follows: One Hulas Chand Rampuria also known as Bhanwarlal Rampuria was, until his death, the karta of a Hindu undivided family consisting of himself and his two minor sons. He was a partner of the firm of Hazarimull Hiralal and held shares in two companies, namely, Rampuria Properties Ltd. , and Rampuria Cotton Mills Ltd. The Hindu, undivided family, of which he was a karta, was assessed in the name of Hulas Chand Rampuria H. U. F. upto the assessment year 1942-43. The said Bhanwarlal Rampuria died sometime in the year 1947 leaving him surviving his widow Sushila Devi Rampuria and two minor sons. The assessments for the assessment years 1943-44 to 1947-48 were made in the name of 'sushila Debi Rampuria for self and as natural guardian of her minor children. Since the assessment year 1948-49, the assessment had been made in the name of 'sushila Debi Rampuria representing H. U. F. known as Hulas Chand Rampuria'. All the returns were made on the footing of a Hindu undivided family. In respect of the assessments for the years 1948-49 to 1951-52, similar assessments were made. The assessments under Section 34 of the Indian In






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