Commissioner Of Income-Tax vs Amar Singh
2001 Latest Caselaw 186 Del

JUDGMENT

Arijit Pasayat, C.J.

1. These two references involve the following question, which at the instance of the Revenue, has been referred for the opinion of this court under Section 256(1) of the Income-tax Act, 1961 (in short "the Act"), by the Income-tax Appellate Tribunal, Delhi Bench "B", Delhi (in short "the Tribunal") :

"Whether, on the facts and in the circumstances of the case, the Tribunal was correct in holding that the income from the DDA flat purchased under the hire purchase agreement could not be assessed in the hands of the assessed as income from house property ?"

2. The dispute relates to the assessment years 1977-78 and 1978-79.

3. We have heard learned counsel for the Revenue. There is no appearance on behalf of the assessed in spite of service of notice.

4. As the question itself reveals, the dispute was whether there was any income under the hire purchase tenancy agreement to the assessed, which could be assessed to tax. The Tribunal referred to the hire purchase tenancy agreement and held that the assessed was merely a tenant and there is no question of any income, assessable as income from house property. Since the Tribunal has referred to the factual aspects more particularly, the terms governing the hire purchase tenancy agreement, in our view, no question of law arises, which is to be answered.

5. Both the references, accordingly, are disposed of.