Hire purchase flat taxation turned on factual agreement terms, so no referable question of law arose.

A DDA flat acquired under a hire purchase arrangement was treated by the Tribunal as a tenancy-based arrangement, with no assessable income from house property on the facts found. The High Court held that the Tribunal's conclusion turned on the factual terms of the agreement and did not disclose any referable question of law within reference jurisdiction. The proposed question was therefore not answered, and the references were disposed of accordingly.

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Issues: Whether the income from the DDA flat purchased under the hire purchase agreement could be assessed in the hands of the assessee as income from house property, and whether any question of law arose from the Tribunal's finding.

Analysis: The Tribunal had treated the assessee as merely a tenant under the hire purchase tenancy arrangement and had found no assessable income from house property on those facts. The reference court noted that the Tribunal's conclusion rested on the factual terms of the agreement and that the matter did not disclose any referable question of law under the reference jurisdiction.

Conclusion: No question of law arose for answer, and the references were disposed of without answering the proposed question.

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