Case Details

Citation(s)
2009 SLG 2925 2009 SLD 2925 (2009) 315 ITR 262
Karnataka High Court
I.T. APPEAL No. 2829 OF 2005 FEBRUARY 29,2008
DEEPAK VERMA AND ANAND BYRAREDDY, JJ.

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Smt. Gangambika

v.

Income Tax Officer

Law:

Section:

Section 22 of Income-tax Act, 1961 - Income from house property - Chargeable as Where Tribunal held that assessee was owner of property in its entirety to justify assessment of rental income from property in her hands even though there was a valid agreement of co-ownership entered into between assessee and her three sons to contribute capital, discharge liabilities, hold property and enjoy income therefrom in equal shares but for assessment year 1996-97 on similar questions matter was remanded to Assessing Officer for fresh consideration in accordance with law, for assessment year in question also matter was to be remitted to Assessing Officer [Assessment year 1997-98] [Remanded] Smt. Gangambika v. ITO [2009] 315 ITR 262 (Kar.) Where Tribunal held that the assessee was the owner of the property in its entirety to justify the assessment of the rental income from the property in her hands, even though there was a valid agreement of co-ownership entered into between the assessee and her three sons to contribute capital, discharge liabilities, hold the property and enjoy the income therefrom, in equal share, in their own right and capacity as real owners of the property : Held that for the assessment year 1996-97 on similar questions the matter was remanded to the Assessing Officer for fresh consideration in accordance with law and as such for the assessment year in question also the matter was to be remitted to the Assessing Officer. Y.V. Raviraj and S. Parthasarathi for the Appellant. M.V. Seshachala for the Respondent. JUDGMENT Deepak Verma, J. - Heard Sri Y. V. Raviraj, learned counsel for the appellant and Sri M. V. Seshachala, learned counsel for the respondent. 2. The assessee feeling aggrieved by the order passed by the Income-tax Appellate Tribunal, Bangalore Bench "B", on April 13, 2005, in I. T. A. No. 3155/Bang/2004 for the assessment year 1997-98 is before us by filing this appeal under section 260A of the Income-tax Act, 1961 (hereinafter shall be referred to in short as "the Act"), on a variety of grounds. 3. The appeal has been admitted on the following substantial questions of law : "(a)Whether the Tribunal was justified in upholding the order ofโ€ฆ
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