1980 (4) TMI 142 - AT - Income Tax

Tribunal rules property ancestral, not individual's; gift presumption rejected, benami holding dismissed.

The Tribunal ruled in favor of the assessee, determining the property as ancestral family property and not belonging to the individual assessee. It ... - Issues:1. Whether the property in question belongs to the individual assessee or the Hindu Undivided Family (HUF).2. Whether the property should be considered as ancestral property or individual property.3. Whether there was a valid gift of the property from the father to the assessee.4. Whether the property was held benami for the HUF.Detailed Analysis:1. The appeal pertains to the assessment year 1977-78 concerning the ownership of a property by the assessee. The Income Tax Officer (ITO) taxed the property as belonging to the individual based on previous assessments. The assessee claimed the property belonged to the HUF, supported by evidence such as a letter from the seller and the assessee's father's affidavit. The Appellate Authority Commissioner (AAC) acknowledged the possibility of the property being ancestral but concluded it was gifted to the individual by the father. The AAC dismissed the appeal, prompting the second appeal by the assessee.2. The second appeal argued that the AAC failed to prove a valid gift from the father to the assessee. It contended that a property purchased in the name of a family member could still be family property and not individual property. The departmental representative supported the lower orders, emphasizing the assessee's consistent treatment of the property as his own in previous returns.3. The Appellate Tribunal found in favor of the assessee, ruling that the property was ancestral and not individual property. The Tribunal noted the property's purchase from agricultural income in the father's name, indicating its family nature. It rejected the presumption of a gift and emphasized that the property was not held benami for the HUF. The Tribunal allowed the appeal, concluding that the property's income should be excluded from the individual's assessment.In conclusion, the judgment resolved the issues by determining the property as ancestral family property, rejecting the gift presumption, and dismissing the benami holding argument. The Tribunal held that the property did not belong to the individual assessee, leading to the exclusion of its income from the assessment.