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Issues: Assessment of income from a residential house in the hands of the assessee, validity of oral gift in lieu of dower debt under Mohammadan law, inclusion of income from the house property in the total income of the assessee.
Analysis: The judgment by the High Court of Patna involved the assessment of income from a residential house in the hands of the late Syed Hyder Imam for the assessment years 1964-65 and 1966-67. The initial assessment held the income from the house as taxable since the transfer of the house to his wife in discharge of dower debt was oral and not through a registered instrument. The assessee appealed to the AAC of Income-tax, Patna, who accepted the assessee's case that the income from the house was not taxable. However, the department filed appeals before the Tribunal, which overturned the AAC's decision and held the income from the house as taxable in the hands of the assessee. Regarding the first issue, the court referred to a Full Bench decision in a previous case involving the same assessee, where it was established that under Mohammadan law, a property transfer valued over one hundred rupees must be done through a registered instrument and not orally. Consequently, the court concluded that the gift of the residential house without a registered deed was not complete and effective, thereby ruling against the assessee on this question. On the second issue, the court noted that the wife was in possession of the residential house, and the assessee derived no income from it. The assessee argued that since he did not derive any income from the house, it should not be taxed in his hands. However, the department contended that as per sections 22 and 23 of the I.T. Act, the income of the house belonged to the owner, making the husband liable for assessment. The court found the second question to be a corollary to the first question and did not delve into it further, ultimately answering it against the assessee. In conclusion, the court upheld the Tribunal's decision, holding that the income from the residential house in question was taxable in the hands of the assessee. The judgment was made with reference to the legal requirements under Mohammadan law and the provisions of the Income Tax Act.
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