9911796707
|
Home
Issues:
- Assessment of income from property in the hands of an individual or a firm as an Association of Persons (AOP) with definite shares of co-owners. Analysis: The appeals involved the issue of whether the income from a property should be assessed in the hands of an individual or a firm as an AOP with definite shares of co-owners. The case revolved around an agreement for hiring a godown for storing food-grains, where the parties agreed to bring in initial contributions and form a partnership for construction purposes. The partnership deed outlined profit-sharing ratios, and the parties informed relevant entities about the change in the property's constitution. The Department contended that the income should be assessed only in the hands of the individual who initially entered into the contract. The appellant argued that the partnership agreement was valid, and the income should be shared among all parties as co-owners based on the specific agreement terms. The Tribunal considered the facts, including the agreements and actions of the parties involved. It noted that the agreement clearly indicated the parties' intention to jointly own the property, liabilities, and income. The Tribunal rejected the argument that the partnership agreement was invalid, emphasizing that all parties had agreed to be co-owners with equal shares. Even though a written agreement was lacking for one party, their actions and contributions indicated a similar understanding. The Tribunal referred to precedents where income from property was assessed based on definite shares of partners, treating them as co-owners. The Tribunal distinguished the present case from a Supreme Court decision on tax avoidance, highlighting the absence of any intention to evade taxation in the current scenario. Ultimately, the Tribunal allowed both appeals of the assessee, concluding that the income from the property should be jointly assessed in the hands of all four parties as co-owners under the relevant provisions of the Income Tax Act.
|
