1943 (10) TMI 19

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....ndian Income Tax Act contained no provision under which the estate of a deceased person could be taxed. The definition of "assessee" under Section 2(2) of the Act only applied to a living person. In Maharajadhiraj Of Darbhanga v. Commissioner of Income Tax, Bihar and Orissa which related to an assessment made in the year 1929-30, the Privy Council held that Section 26(2) applied to a person who su....

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.... being administered by the Court of the Subordinate Judge of Devakottai, who appointed the Receivers. In Appeals Nos. 321 of 1940, and 3, 104 and 239 of 1941, this Court had to decide the rights of the widows and the sons widow. The deceased had large assets which included a money-lending business in British India with branches in Ceylon, the Federated Malay States and in French Cochin China. The ....

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....ld the order of the Income Tax Officer, but on appeal to the Income Tax Appellate Tribunal, Calcutta Bench, the Receivers contention was accepted. At the request of the Commissioner of Income Tax the Tribunal has referred the following question under Section 66 of the Income Tax Act :- "Whether in the circumstances of this case the entire assessment has to be made under Section 24-B of th....

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....sessment shall be made on such person succeeding, as if he had been carrying on the business, profession or vocation throughout the previous year, and as if he had received the whole of the profits for that year." As we have already pointed out, in Maharajadhiraj of Darbhanga v. Commissioner of Income Tax, Bihar and Orissa the Privy Council held that this provision allowed the tax to be levied ....