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    <title>1973 (7) TMI 39 - ALLAHABAD High Court</title>
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    <description>Section 10(2A) of the Indian Income-tax Act, 1922 applies only when the same assessee who earlier obtained a deduction or allowance later receives back the amount or a benefit in respect of the same loss, expenditure or trading liability. On the facts stated, the earlier deduction had been allowed to the firm, while the amount was received by the deceased partner&#039;s heirs by succession, not by the firm in its own hands. The analogous principle under section 41(1) of the 1961 Act likewise does not tax a successor in business or legal representative on such receipt. The amount was therefore not assessable in the firm&#039;s hands.</description>
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    <pubDate>Tue, 17 Jul 1973 00:00:00 +0530</pubDate>
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      <title>1973 (7) TMI 39 - ALLAHABAD High Court</title>
      <link>https://www.taxtmi.com/caselaws?id=39592</link>
      <description>Section 10(2A) of the Indian Income-tax Act, 1922 applies only when the same assessee who earlier obtained a deduction or allowance later receives back the amount or a benefit in respect of the same loss, expenditure or trading liability. On the facts stated, the earlier deduction had been allowed to the firm, while the amount was received by the deceased partner&#039;s heirs by succession, not by the firm in its own hands. The analogous principle under section 41(1) of the 1961 Act likewise does not tax a successor in business or legal representative on such receipt. The amount was therefore not assessable in the firm&#039;s hands.</description>
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      <pubDate>Tue, 17 Jul 1973 00:00:00 +0530</pubDate>
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