1944 (3) TMI 6

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....e Tax Act in pursuance of a mandamus issued by this Court on the 29th November, 1940. The question formulated by this Court read as follows :- (1) Whether the inclusion in the income of the petitioner of Rs. 3,041 received by Mt. Qamar-ul-Nisa, wife of the petitioner, on account of the rent of the property gifted to her by him on the 6th July, 1932, is legally justified ? (2) Whe....

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..... It is, however, urged that in spite of that sub-section it is open to the Income Tax authorities to declare that the transactions of sale originally effected in favour of these sons were bogus and that consequently the ownership of the property acquired there by vests in the assessee. It is no doubt true that if there is proper material before the Income Tax authorities to go behind the sales th....

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....that the assessee had himself admitted before the Income Tax Officer that the sons received maintenance from him. Even if this was so, it will not necessarily militate against the possibility of the sons acquiring property on their own account. Benami transactions no doubt are rife in this country but that fact alone should not be allowed to prejudice an ostensible owner without any evidence to es....