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    <title>1973 (1) TMI 25 - KERALA High Court</title>
    <link>https://www.taxtmi.com/caselaws?id=39820</link>
    <description>Assessment of a deceased estate&#039;s income under section 41 of the Indian Income-tax Act, 1922 depended on whether the executor had assented to the legacies so that title had vested in the beneficiaries and the executor no longer held the property in that capacity. The compromise in the probate proceedings was treated as sufficient assent because the executor joined an arrangement by which specified properties were taken as belonging to the legatees. Existing liabilities did not, on these facts, prevent assent from operating, and the estate was not shown to remain unascertained in a way that preserved the executor&#039;s title. Once assent was given, the income could not be assessed as the executor&#039;s income.</description>
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    <pubDate>Thu, 04 Jan 1973 00:00:00 +0530</pubDate>
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      <title>1973 (1) TMI 25 - KERALA High Court</title>
      <link>https://www.taxtmi.com/caselaws?id=39820</link>
      <description>Assessment of a deceased estate&#039;s income under section 41 of the Indian Income-tax Act, 1922 depended on whether the executor had assented to the legacies so that title had vested in the beneficiaries and the executor no longer held the property in that capacity. The compromise in the probate proceedings was treated as sufficient assent because the executor joined an arrangement by which specified properties were taken as belonging to the legatees. Existing liabilities did not, on these facts, prevent assent from operating, and the estate was not shown to remain unascertained in a way that preserved the executor&#039;s title. Once assent was given, the income could not be assessed as the executor&#039;s income.</description>
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      <pubDate>Thu, 04 Jan 1973 00:00:00 +0530</pubDate>
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