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Assessment of income derived from a house property in the name of the assessee's wife. Analysis: The judgment pertains to the assessment years 1972-73 to 1975-76, involving a controversy regarding income derived from a house property registered in the name of the assessee's wife. The property was initially shown as an asset in the assessee's business accounts and balance sheets. The Income-tax Officer contended that the property belonged to the assessee, as evidenced by the rental income being credited to the assessee's capital account. The Appellate Assistant Commissioner, however, ruled in favor of the assessee, stating that the property did not belong to him. The Income-tax Appellate Tribunal, after considering past conduct and evidence, held that the property indeed belonged to the assessee, leading to the inclusion of its income in the assessee's total income. The Tribunal referred a question to the High Court, seeking clarification on whether the property in the wife's name should be considered as belonging to the assessee for income tax purposes. The High Court found no legal issue to consider, as the Tribunal's conclusion was based on factual evidence and the assessee's conduct. The assessee had previously declared the property's income as his own, indicating his knowledge and intention. The High Court emphasized that the Tribunal's decision was reasonable and evidence-based, dismissing the assessee's argument that the property was purchased by his wife as an afterthought. The High Court upheld the Tribunal's decision, affirming that the property belonged to the assessee and its income should be treated as his. Additionally, the High Court directed the Tribunal to split the reference into four separate ones for each assessment year to ensure proper documentation and proceedings. The judgment concluded by answering the reference question in favor of the Revenue, with no costs imposed on either party.
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