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    <title>1986 (5) TMI 23 - CALCUTTA High Court</title>
    <link>https://www.taxtmi.com/caselaws?id=26401</link>
    <description>The Supreme Court held that the business income earned by a Muslim widow and her minor children should not be assessed as an association of persons but rather on the widow as a representative assessee. The court ruled that the widow and her children owned the business as tenants-in-common, not as an AOP. It was emphasized that there was no evidence of consent between the mother and children to form an AOP, and the mother&#039;s actions did not create a consensus for an AOP. The court concluded that the widow managed the estate as a constructive trustee for the benefit of all heirs, with determinate shares. The court ruled in favor of the assessee, with no costs awarded.</description>
    <language>en-us</language>
    <pubDate>Mon, 19 May 1986 00:00:00 +0530</pubDate>
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      <title>1986 (5) TMI 23 - CALCUTTA High Court</title>
      <link>https://www.taxtmi.com/caselaws?id=26401</link>
      <description>The Supreme Court held that the business income earned by a Muslim widow and her minor children should not be assessed as an association of persons but rather on the widow as a representative assessee. The court ruled that the widow and her children owned the business as tenants-in-common, not as an AOP. It was emphasized that there was no evidence of consent between the mother and children to form an AOP, and the mother&#039;s actions did not create a consensus for an AOP. The court concluded that the widow managed the estate as a constructive trustee for the benefit of all heirs, with determinate shares. The court ruled in favor of the assessee, with no costs awarded.</description>
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      <pubDate>Mon, 19 May 1986 00:00:00 +0530</pubDate>
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