1982 (9) TMI 113

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....e asst. yrs.1977-78 to 1979-80. The common issue involved in all these appeals is whether the assessee was entitled to the benefit of the provisions of s. 7(4) of the WT Act, 1957 with regard to the kothi in Sant Nagar, Civil Lines, Ludhiana constructed in the financial year 1973-74. 2. The assessee is an HUF. It is common ground that none of the members of the HUF resides in India because the ....

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....for all the years under appeal that the provisions ot s. 7(4) are applicable and therefore, the value of this residential house as on 31st March 1974 which was Rs. 1,24,400 should be taken on the valuation dates for each of the assessment years under appeal. This is a cause of grievance for the revenue. Hence these appeals. 4. We have heard the parties and we are of the opinion that the AAC err....

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....s are fulfilled. These conditions are as under: (i) The house must belong to the assessee, and (ii) This must be exclusively used by him for residential purposes throughout the period of 12 months immediately preceding the valuation date. There is further clarification in the Explanation to this sub-section that where the house has been constructed by the assessee, he shall be deemed to have....

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....re in wide contrast to the provisions of s. 6(1) (b) of the IT Act, 1961 where an individual is said to be resident in India an any previous year if he, inter alia, maintains or causes to maintain for him a dwelling place in India. In such sub-s. (4) of s. 7 of the WT Act, the Legislature has very clearly indicated the intention that the house for which such a treatment is to be given has to be us....