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    <title>1972 (3) TMI 21 - MADRAS High Court</title>
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    <description>Reassessment under a provision analogous to section 16(b) cannot be sustained on a mere change of opinion where the assessing officer already knew the material facts, so the reopening was invalid. Expenditure incurred by a Hindu undivided family for the assessee&#039;s wife and minor children was not taxable in the assessee&#039;s individual assessments for the earlier years because it was incurred in discharge of the family&#039;s own maintenance obligation, not the assessee&#039;s personal obligation. After the 1959 amendment, however, a spouse and minor child are dependants for expenditure-tax purposes regardless of actual dependence, so expenditure incurred by them from their own property was includible in the assessee&#039;s post-partition assessment.</description>
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    <pubDate>Wed, 15 Mar 1972 00:00:00 +0530</pubDate>
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      <title>1972 (3) TMI 21 - MADRAS High Court</title>
      <link>https://www.taxtmi.com/caselaws?id=8953</link>
      <description>Reassessment under a provision analogous to section 16(b) cannot be sustained on a mere change of opinion where the assessing officer already knew the material facts, so the reopening was invalid. Expenditure incurred by a Hindu undivided family for the assessee&#039;s wife and minor children was not taxable in the assessee&#039;s individual assessments for the earlier years because it was incurred in discharge of the family&#039;s own maintenance obligation, not the assessee&#039;s personal obligation. After the 1959 amendment, however, a spouse and minor child are dependants for expenditure-tax purposes regardless of actual dependence, so expenditure incurred by them from their own property was includible in the assessee&#039;s post-partition assessment.</description>
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      <pubDate>Wed, 15 Mar 1972 00:00:00 +0530</pubDate>
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