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1960 (3) TMI 4 - SC - Income TaxWhether the effect of section 24B(1) of the Income-tax Act is that the liability of the executors, administrators or other legal representatives in regard to the tax payable is the same as was the liability of the deceased person and that the tax is one and therefore the liability of the heirs of the deceased was one and joint? Held that:- Both Kamini Kumar Dutta and the appellant were brought on the record as legal representatives of the deceased. They both admitted the liability of ₹ 58,24,023. The several assessment orders, income-tax assessment orders, excess profits tax assessment and business profits assessment orders, show that the total amount to be realised as tax was ₹ 52,34,663 divided into 8 equal parts. The liability of Kamini Kumar Dutta and his branch of the family alone, as a result of composition, came to an end, but that does not mean that the balance of the tax which was exigible must also be taken to have been satisfied. It only means that to the extent that the amount is realized from Kamini Kumar Dutta and his branch of the family the liability to tax will be taken to have been satisfied and the appellant will be liable for the payment of only the balance and to the extent that he has in his possession any of the assets of the deceased or comes into possession of the assets in future. Appeal dismissed.
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