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    <title>1975 (6) TMI 9 - KERALA High Court</title>
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    <description>Section 171 of the Income-tax Act, 1961 creates a limited legal fiction for assessing income actually earned by a Hindu undivided family while it existed as such, and that fiction cannot be extended to tax income arising after the family had already been disrupted by severance of status before the accounting period commenced. The provision is confined to partitions occurring during or after the accounting period, or after assessment, and the parallel scheme in section 25A of the 1922 Act supports the same construction. On that basis, assessment of the erstwhile HUF for such income was not permissible.</description>
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    <pubDate>Mon, 30 Jun 1975 00:00:00 +0530</pubDate>
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      <title>1975 (6) TMI 9 - KERALA High Court</title>
      <link>https://www.taxtmi.com/caselaws?id=39202</link>
      <description>Section 171 of the Income-tax Act, 1961 creates a limited legal fiction for assessing income actually earned by a Hindu undivided family while it existed as such, and that fiction cannot be extended to tax income arising after the family had already been disrupted by severance of status before the accounting period commenced. The provision is confined to partitions occurring during or after the accounting period, or after assessment, and the parallel scheme in section 25A of the 1922 Act supports the same construction. On that basis, assessment of the erstwhile HUF for such income was not permissible.</description>
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      <pubDate>Mon, 30 Jun 1975 00:00:00 +0530</pubDate>
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