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TMI Blog2016 (8) TMI 1229X X X X Extracts X X X X X X X X Extracts X X X X ..... , it is of the view assessee has been able to establish that 50% ownership of the property in question vests with the daughter of the assessee as per law and therefore, her share of income on account of rental income on attaining majority should be assessed in the hands of Ms. C. Sruthi Reddy only. The addition in the hands of the assessee is, therefore, wholly unjustified.- Decided in favour of assessee. - ITA No. 831/CHD/2016 - - - Dated:- 30-8-2016 - SHRI BHAVNESH SAINI, JUDICIAL MEMBER For The Appellant : Shri T.N.Singla For The Respondent : Shri S.K.Mittal, DR ORDER This appeal by assessee has been directed against the order of ld. CIT(Appeals)-2, Chandigarh dated 04.04.2016 for assessment year 2009-10 chall ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent belongs to co-owner Ms. C. Sruthi Reddy. The submissions of the assessee and additional evidence were sent to the Assessing Officer for filing the report. The Assessing Officer in his report reiterated that addition was made due to non availability of the agreement to sell executed between assessee and her daughter. The assessee did not file documentary evidence at the assessment stage. The assessee during the appellate proceedings submitted only agreement to sell and no registration deed in support of the agreement purported to be dated 13.07.1989, therefore apparently the same cannot be relied upon. The payment of cash for sale consideration further indicated that same should not be relied upon. The Assessing Officer, therefore, req ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 06-07 have declared the entire rent including share of her minor daughter, being the daughter minor and when daughter of the assessee become major in assessment year 2007-08, assessee offered 50% of the rent of her share. Same continued in subsequent years as well. The ld. counsel for the assessee also referred to PB-24 to 31 which are acknowledgement of filing of return of income by Ms. C. Sruthi Reddy, daughter of the assessee for assessment years 2007-08 to 2010-11 in which daughter of assessee has offered 50% of the rental income in her return of income for the purpose of taxation. The ld. counsel for the assessee submitted that since agreement to sell in favour of the assessee was at Hyderabad at the time of assessment proceedings, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... conditions of M/s Amrutha Estates as per agreement to sell dated 02.12.1987. Therefore, revenue should not take contrary stand while assessing the rental income in the hands of the assessee on the basis of agreement to sell and later on refusing to acknowledge the agreement to sell dated 13.07.1989. The assessee could not file this agreement to sell before Assessing Officer because it was lying at Hyderabad at the time of assessment proceedings. The Assessing Officer did not dispute this contention of the assessee in the remand report and merely contended that since no registration deed have been produced, therefore, agreement to sell may not be relied upon. The Assessing Officer, therefore, did not object to the agreement to sell dated 13 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssee and this fact is not disputed, therefore, ownership right of the daughter of the assessee was not challenged even in preceding assessment years. In subsequent year, when daughter of the assessee became major, the assessee did not show her share in her return of income which have not been disputed by the revenue authorities. Returns for assessment years 2007-08 to 2010-11 have been filed by Ms. C. Sruthi Reddy, daughter of the assessee showing rental income of her share in her return of income which have not been disputed by the revenue authorities. Therefore, considering the totality of the facts and circumstances and material on record, I am of the view assessee has been able to establish that 50% ownership of the property in question ..... X X X X Extracts X X X X X X X X Extracts X X X X
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