1975 (3) TMI 20 - HC - Income Tax

High Court corrects Tribunal's error in attributing entire rental income from wife's property to assessee under Income-tax Act section 64(1)(iii).

The High Court held that the Tribunal erred in including the entire rental income derived from a property belonging to the wife in the hands of the ... Assets To Spouse, Attributable To Issues:Validity of including income from property belonging to the wife in the hands of the assessee for the assessment year 1962-63 under section 64(1)(iii) of the Income-tax Act, 1961.Analysis:The case involved a question referred to the High Court by the Income-tax Appellate Tribunal regarding the inclusion of income from a property belonging to the wife of the assessee in the hands of the assessee for the assessment year 1962-63. The Tribunal found that the building was constructed on land owned by the wife but funded entirely by the assessee. The Tribunal concluded that the income derived from renting out the building should be taxed in the hands of the assessee under section 64(1)(iii) of the Income-tax Act, 1961, which deals with assets transferred to a spouse without adequate consideration. The Tribunal rejected the argument that the property was a benami holding of the husband and that the wife was merely a name-lender. The Tribunal emphasized that the property belonged to the wife and the entire construction cost was provided by the husband without adequate consideration.The assessee contended that a portion of the construction amount was given as a loan to the wife, relying on a previous decision. However, the Tribunal had made a clear finding that no such loan existed. The High Court upheld the Tribunal's finding and emphasized the need to decide the case based on the existing findings. The assessee further argued that the rent received should not entirely be considered income derived from assets transferred to the wife, as the building was constructed on land owned by the wife. The Tribunal's order did not address this specific argument raised by the assessee, leading to a question of law arising from the Tribunal's order.The High Court rejected the department's argument that the building should not be considered owned by the owner of the land and emphasized the importance of considering both the building and the land's contribution to the rent received. The Court highlighted that the rent depends on factors like location, situation, and value of the land, in addition to the building's facilities. The High Court concluded that the Tribunal erred in including the entire rental income as income derived from assets transferred to the wife and directed a re-hearing of the appeal to determine the portion of income attributable to the assets transferred. The Court instructed the Tribunal to collect additional material and take evidence if necessary for a proper determination.