TMI Blog1943 (10) TMI 19X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 succeeded to the business of a deceased person and therefore the successor could b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ointed 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 decision of this Court, so far as it affects the present case, was that the dece ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e 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 the Act or has the assessment to be split up into two portions, one falling under Secti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ess, 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 on the person who succeeded to a business on the death of the owner. In our judgment Sec ..... X X X X Extracts X X X X X X X X Extracts X X X X
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