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A.V.BALASUBRAMANYAM, B.C.MITRA
SMT. SALMA IRANI – Appellant
Versus
FIFTH INCOME-TAX OFFICER – Respondent


Advocates Appeared:
Y.P. Trivedi,K.K. Tuli

ORDER

Per Shri A.V. Balasubramanyam, Judicial Member - These appeals are by the assessee. The assessment years are 1980-81 and 1981-82.

2. A certain Nariman Irani, who was dealing in the business of film. production, died on 10-12-1977 leaving him surviving a widow (Salma Irani), two minor sons, a minor daughter and mother. Nariman Irani was a Parsi. His wife, Salma Irani, was a Muslim. The succession to the property left behind by Nariman Irani was governed by the provisions in Chapter III of the Indian Succession Act, 1925.

3. Nariman Irani had produced a film in regard to which he had granted distribution rights to several parties. The distribution was subject to minimum guarantee and during the lifetime of Nariman Irani, he had received what was receivable as minimum guarantee. After his death, the film had earned some excess income and as a result thereof, the distributors had to pay a percentage of the income, according jo the contract they had made with the deceased. That is how Salma Irani had received money from various distributors after the death of Nariman Irani. We may here note that there were debts which Nariman Irani had to pay.

4. Nariman Irani died intestate. Salma

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