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1981 (5) TMI 61

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..... ssee. The facts are that the ITO on the basis of the order in the case of Shri Dilipkumar, the minor son of the assessee lady before us, added back the income from house property purchased by the lady in the name of minor Dilipkumar for all the four years under consideration: "It has been contended by the ld. counsel of the appellant that part investment in the house has flown from the rent whic .....

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..... Dilipkumar. Moreover, no adequate consideration seems to have followed in the contract, from the side of Shri Dilipkumar, in favour of Smt. Jasodabai, the lady appellant. No other evidence in support of the contention has been furnished by Smt. Jasodabai. According to the provision of section 64 which is to the respect that if any income arises directly or indirectly to the individual through a m .....

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..... i D.U. Gedam. We have considered the respective pleas of both the sides and are of the view that there is some substance in the pleas forth by the ld. counsel for the assessee. In this case, the facts are that the dispute relates to a property situated at 153-Jail Road, Indore, which was purchased by the lady in the name of her minor son, Shri DilipKumar on 1st Nov., 1969 for a sum of Rs. 40,500. .....

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..... horities below indicates that there is no finding given by the authorities below as to who is the real owner of the property. Besides the above, the plea of the ld. counsel for the assessee that the lady purchased the property on behalf of her minor son only with a view to help her son in future and no element of transfer or gift is involved therein has some substance as according to the ld. couns .....

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