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    <title>1947 (2) TMI 25 - OUDH HIGH COURT</title>
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    <description>Maintenance allowances paid to a widow from a family estate were treated as receipts in her capacity as a member of a Hindu undivided family, so they fell within section 14(1) of the Income-tax Act, 1922 and were exempt from tax. The decisive inquiry was the character of the receipt in the assessee&#039;s hands, not merely the source of payment. The existence of an impartible estate did not by itself negate her family status or underlying right to maintenance, and a will or codicil fixing the amount and charging the estate did not destroy that character. A testamentary or contractual basis could coexist with family maintenance.</description>
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    <pubDate>Thu, 13 Feb 1947 00:00:00 +0530</pubDate>
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      <title>1947 (2) TMI 25 - OUDH HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=289249</link>
      <description>Maintenance allowances paid to a widow from a family estate were treated as receipts in her capacity as a member of a Hindu undivided family, so they fell within section 14(1) of the Income-tax Act, 1922 and were exempt from tax. The decisive inquiry was the character of the receipt in the assessee&#039;s hands, not merely the source of payment. The existence of an impartible estate did not by itself negate her family status or underlying right to maintenance, and a will or codicil fixing the amount and charging the estate did not destroy that character. A testamentary or contractual basis could coexist with family maintenance.</description>
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      <pubDate>Thu, 13 Feb 1947 00:00:00 +0530</pubDate>
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