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Issues: Interpretation of Income-tax Rules regarding investment in flats as per rules 68 and 69.
In this judgment, the High Court of Karnataka addressed the issue of whether investment in flats aligns with rules 68 and 69 of the Income-tax Rules. Rule 68 allows withdrawals from provident funds for building a house, purchasing a site, or acquiring a house and a site. The Commissioner of Income-tax contended that the term "building" does not encompass a "flat." The court referred to legal definitions of "flat" and "house" to determine their meanings in the context of the Income-tax Rules. It was noted that the term "house" has evolved due to changes in construction practices, including the development of multistoreyed flats for human habitation. The court emphasized that a flat can fall under the definition of a "house" as a structure intended for human habitation. Since the Income-tax Rules do not explicitly define "building" or "flat," the court concluded that the common understanding of these terms should prevail. The judgment highlighted that the vertical growth in urban areas has led to the construction of multistoreyed buildings with independent flats, which serve the purpose of human habitation. Therefore, the court held that the interpretation adopted by the Commissioner of Income-tax was not in line with the rules. Consequently, the court quashed the letter issued by the Commissioner and allowed the writ petition in favor of the petitioner.
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