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2012 (9) TMI 403 - BOMBAY HIGH COURTSuccession - Undisclosed income - interest income earned on FDRs - 50 % of the share of the deceased husband will go to his legal heirs and 50 % to the assessee - Held that:- The CIT(A) as well as the ITAT have held that in terms of Section 5A which was brought into force in the year 1994 with retrospective effect from 01/04/1963, the assessee and her husband were governed by the system of Community of Assets ('COMMUNIAO DOS BENS') which is in force in the State of Goa. The ITAT held that after the death of husband of the assessee, only 50 % of the share in the FDRs would pass on to three sons and one daughter and the assessee would be entitled to 50 % of the share and, therefore, the directions given by the CIT(A) to the AO to consider 50 % of the interest amount in the hands of the assessee as her undisclosed income for the block period, cannot be faulted. Thus the Tribunal has rightly placed reliance upon Section 5A of the Act and Articles 1122 and 1123 of Portuguese Family Civil Law which is in force in the State of Goa and dismissed the appeal preferred by the revenue against the order passed by the CIT(A) - submission made on behalf of the revenue that the assessment ought to have been on the basis of the body of individuals is totally misplaced - against revenue.
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