Law: Income Tax Act, 1961

Section: 256,64

Income-tax------Reference---Total income---Inclusions---Tribunal holding assessee to be owner of house---Contribution of sum by husband towards purchase of house--- Tribunal directing that applicability of S.64 be examined by concerned Authority---No question of law arises---Indian Income Tax Act, 1961, Ss.64 & 256(2). The Income-tax Appellate Tribunal found that the assessee was to be treated as the owner of a house in Indore. It also concluded that K, the husband of-the assessee, had invested a sizable sum in the purchase of the house and desired the question of investment to be re-examined with material seized at the time of raid and also with reference to past or current savings, The Tribunal observed that the application of section 64 of the Income-tax Act, 1961, in the hands of K was also to be examined. The assessee filed an application under section 256(2) of the Act for a direction to refer the question whether the Tribunal was justified in holding that section 64 was applicable: Held, dismissing the application, that under section 256(2) reference can be sought only on any question of law arising out of the order of the Tribunal. The Tribunal did not specifically hold that the provisions of section 64 were applicable. It only wanted the question to be examined by the concerned authority. Therefore, no referable question of law arose from the Tribunals order. JUDGMENT A. R. TIWARI, J.---The applicant/assessee has filed applications under section 256(2) of the Income Tax Act, 1961 (for short, "the Act"), registered as miscellaneous civil cases particularised above, seeking direction to the Income-tax Appellate Tribunal to state the cases and refer the proposed common question of law, as extracted below, for opinion of this Court: "Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was justified in holding that the provisions of section 64(1)(iv) of the Act are applicable and thereby directing the Income-tax Officer to base his fresh assessment on the assessment year 1973-74 when Smt. Rekha Devi (wife) hasp been held to be the owner of the house property in question?" Briefly stated, the facts of the case…

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