1988 (2) TMI 114

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....8,700. Assessment was completed on6th Dec., 1982under s. 143(1) of the IT Act, 1961. 3. The assessee was deriving income from a property described as 32-Naraina Industrial Estate, Community Centre, Phase-I,New Delhi. The 2nd and 3rd floors of this property were agreed to be sold by her to her son, Shri Harjit Singh for Rs. 1,10,000, vide unregistered deed dt.15th May, 1981and in pursuance thereof Shri Harjit Singh was put in possession of the first floor w.e.f. Jan., 1982. The assessee did not show the income from rent from the first floor in her return of income for the period from Jan., 1982 to March, 1982 filed on17th July, 1982. The ITO detected the aforesaid omission after he had completed the assessment under s. 143(1) as above. Th....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....een assessed by the ITO in the hands of her son, vide order under s. 143(3) dt.30th March, 1983and that, therefore, the present assessment deserved to be quashed. 5. The learned AAC accepted the submissions of the assessee that the income in question could not have been brought to tax in her hands from January to March, 1982. Accordingly he annulled the reassessment order. 6. The Department assails the above order as erroneous and draws support from the judgment of the Hon'ble Supreme Court in the case of Nawab Sir Mir Osman Alikhan vs. CWT (1986) 57 CTR (SC) 89 : (1986) 162 ITR 888 (SC). 7. We have gone through the judgment of the Hon'ble Supreme Court referred to above and have also gone through the judgment of the Hon'ble Delhi ....