1943 (5) TMI 10

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....separately assessed on their individual shares ?" The reference related to the assessment for the year 1937-38. The material facts as found by the learned Commissioner are that the assessees are co-heirs of the late M. Karim Bakhsh from whom they inherited under Mohammadan Law specific Share of the property left by him. The income of this property is derived from rent deeds which stand in their joint names. A munshi has been employed to manage the property and collect the rent. After the deduction of the cost of collection and other expenses the net income is distributed in accordance with their respective Shres. From 1920-21 to 1934-35 the assessees were jointly assessed as an association of individuals or unregistered firm. In 19....

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....ust be decided on its own particular facts. The Bombay judgment Dwarkanath Harischandra Pitale and Another, In re, was a reference relating to Hindu assessees, and the learned Chief Justice pointed out that the assessees in the first instance did not constitute an association of individuals. But he held that as soon as they elected to retain the property and manage it "as a joint venture producing income" they became an association of individuals within the meaning of Section 9 of the Income Tax Act. It is doubtful whether this authority can have any application to the facts of the present case where we are dealing with co-heirs under Mohammadan Law, and when there is no evidence of a "joint venture." The Rangoon Full Bench decision. ....