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    <title>1966 (7) TMI 7 - KERALA High Court</title>
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    <description>Heirs holding definite and ascertainable shares in common property do not constitute an association of persons merely because one heir is authorised under a power of attorney to manage the property for the common benefit. The decisive test is whether there is a common purpose or joint action to earn income, profits or gains through a fresh venture. On the facts, income from felling trees on leasehold land was used to make the land cultivable and was not shown to arise from any common business or joint enterprise. Accordingly, the heirs were not an association of persons in relation to that income, and the issue was answered in favour of the assessee.</description>
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    <pubDate>Wed, 13 Jul 1966 00:00:00 +0530</pubDate>
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      <title>1966 (7) TMI 7 - KERALA High Court</title>
      <link>https://www.taxtmi.com/caselaws?id=6733</link>
      <description>Heirs holding definite and ascertainable shares in common property do not constitute an association of persons merely because one heir is authorised under a power of attorney to manage the property for the common benefit. The decisive test is whether there is a common purpose or joint action to earn income, profits or gains through a fresh venture. On the facts, income from felling trees on leasehold land was used to make the land cultivable and was not shown to arise from any common business or joint enterprise. Accordingly, the heirs were not an association of persons in relation to that income, and the issue was answered in favour of the assessee.</description>
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      <pubDate>Wed, 13 Jul 1966 00:00:00 +0530</pubDate>
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