1996 (9) TMI 89 - HC - Income Tax

Summary

Issues:
1. Whether a Government servant, having taken a house building loan from the Government, can provide the same as a loan to his Hindu undivided family for construction of his family house.
2. Whether the assessee is a 50% co-owner of the house with his Hindu undivided family due to utilizing the house building loan for construction.
3. Whether the order of assessing 50% of the house property income in the assessee's hands is legal.

Analysis:

Issue 1:
The case involved questions regarding the permissibility of a Government servant providing a house building loan obtained from the Government to his Hindu undivided family for constructing their family house. The court found that if the loan could have been advanced by the assessee to the family, the first question had to be answered in the negative, favoring the assessee. The court emphasized that the revenue authorities should not be concerned with the source of income, as earlier assessments were rightly made in the hands of the Hindu undivided family. The court referred to relevant sections of the Income-tax Act and concluded that if the loan was advanced using funds received from the Government and the provident fund, any violation of rules would be a matter for the Government, not the Revenue.

Issue 2:
Regarding the second question on the assessee's co-ownership of the house with his family due to utilizing the house building loan, the court determined that if the first question was answered in favor of the assessee, the second question did not require consideration. However, the court stated that the answer to the second question would also be in the negative, favoring the assessee, based on the circumstances of the case.

Issue 3:
The third question pertained to the validity of assessing 50% of the house property income in the assessee's hands. Since the court had answered the first two questions in favor of the assessee, it also ruled in favor of the assessee on this issue. Consequently, all questions were answered in favor of the assessee, and no costs were awarded.

In summary, the court's judgment favored the assessee on all issues raised, emphasizing the permissibility of advancing a house building loan to the Hindu undivided family and rejecting the assessment of 50% of the house property income in the assessee's hands.