TaxTMI 
TaxTMI 
1983 (11) TMI 96
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....have the possession and occupation of a particular property in a particular area which the assessee has let out of Maharashtra Stage Electricity Board. The assessee claimed that the rent/licence fee should be treated as her income from house property. The ITO, however has treated that same as income from undisclosed source as was done in the earlier year. The AAC has considered this ground in paras 1 and 2 of this impugned order. He has held that in order to be entitled to be assessee as income from house property, the assessee must be the owner i.e., the person who can exercise the rights of the owner, not on behalf of the owner but in her own right., According to him this means that only legal owners could be assessee in respect of house ....
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....ts as a debentures/shares holder. This income, according to the ld. Departmental Representative, could be assessed as income from other sources. 3. We have heard the parties. There cannot perhaps be any dispute that income can be assessed as income from house property only if the assessee is the owner of the house property and not otherwise. The question arises whether in the case like the one before us, the assessee is or can be termed as an owner. In this context, is pertinent to mention that a similar issue up for consideration before a Special Bench of Tribunal at Delhi in the case of ITO vs. R. R. Seheney & Ors. (1983) 2 ITD 207 (Del) (SB). The facts in that case were that a private limited company, to whom co-owners of a piece of l....
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....ome should be brought under the head 'income from house property' only. The only snag is whether the assessee could be treated as owners' within the meaning of s. 22 Though ownership does not pass unless there is a vailed conveyance deed duly registered, but the assessee had, under the terms and conditions of the agreement, acquired an absolute right of enjoyment and possession of the flats allowed to them. The mere fact that the company was burdened with some common obligations and owned the land on which the superstructure was built, would not make it the owners of the flats. The obligations imposed on the company were merely for the purpose of effective and efficient use of the building for the common benefit of all the flat owners....
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....of India for payment of tax dues on Voluntary Disclosure Scheme which are contrary to the provisions of the IT Act, 1961, and rules made thereunder". The ITO has disallowed the claim observing that the payment of Rs. 356 relates to asst. yr. 1973-74 and that the amount of Rs. 1,406 has been paid to the Government of India under Voluntary disclosure Scheme. It was submitted before the AAC that these two amounts totalling to Rs. 1,762 were paid as interest to the Central Government for delayed payment of taxes under the Voluntary Disclosure Scheme 1975 and that there oral the amount was allowable as reduction under/s. 80V of the IT Act, 1961, or reasons given in para 5 of his order, the AAC had held that s. 80V envisages allowance of inter....