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TMI Blog1983 (10) TMI 101X X X X Extracts X X X X X X X X Extracts X X X X ..... nclude income from a property purchased from the DDA. In part III of the IT return the assessee claimed that the said property belonged to the AOP consisting of himself and his wife Smt. Joginder Kaur. The claim of the assessee was made on the basis that according to rules of allotment for MIG flats neither the assessee nor his wife was individually entitled to the allotment. It was allowed by clu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the status of AOP. Even in any case, the AAC was of the view that the main investment was made by the assessee and as such the property income is rightly assessable in his hands. 3. The assessee is aggrieved and has come up in appeal before us. Shri K.R. Manjani, ld. counsel appeared for the assessee and Shri J.L. Marwath, ld. D.R. for the revenue. They were heard at length. In this case the al ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... out of the saving of the assessee. The IT Act provides for assessment of individual shares in the case of the property owned by the co-owners separately if such share is definite and ascertainable. In a case where it is not ascertainable and not definite, s. 26 of the IT Act contemplates the said assessment in the status of an AOP. Since the financial resources of the assessee and his wife (who a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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