1983 (10) TMI 101

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... 2. While filing the return for asst. yr. 1979-80, the assessee did not include income from a property purchased from the DDA. In part III of the IT return the assessee claimed that the said property belonged to the AOP consisting of himself and his wife Smt. Joginder Kaur. The claim of the assessee was made on the basis that according to rules of allotment for MIG flats neither the assessee nor ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....re inclusion of the names of the family members would not in itself create the status of AOP. Even in any case, the AAC was of the view that the main investment was made by the assessee and as such the property income is rightly assessable in his hands. 3. The assessee is aggrieved and has come up in appeal before us. Shri K.R. Manjani, ld. counsel appeared for the assessee and Shri J.L. Marwat....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e matter, it will not be correct to say that the investment was mainly made out of the saving of the assessee. The IT Act provides for assessment of individual shares in the case of the property owned by the co-owners separately if such share is definite and ascertainable. In a case where it is not ascertainable and not definite, s. 26 of the IT Act contemplates the said assessment in the status o....