9911796707
TMI Blog2000 (11) TMI 22X X X X Extracts X X X X X X X X Extracts X X X X ..... short "the Act"), the following questions have been referred for the opinion of this court: "(i) Whether, on the facts and in the circumstances of the case, the Tribunal was legally right in treating that the construction of the flats in 'Akash Deep Building' was made by the assessee? (ii) Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0 was paid to Ansal and Sehgal Properties (P.) Ltd. Akash Deep Building was constructed on the site of 9, Hailey Road, after demolishing the building thereon. The new building was ready for occupation on December 4, 1970. The heirs of the late Maharani occupied the new flats on the third floor of the Akash Deep Building soon after it was ready for occupation. The Income-tax Officer was of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) would apply. The Tribunal upheld the conclusion with the following observations: "We do not find any force in these submissions. In our opinion, it is immaterial whether the construction is made by the assessee himself or it is got made through some one else. A handy example will be where a person gets his house constructed by a contractor. It is not, therefore, necessary that the new house sh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tructed within two years of the sale of 9, Hailey Road, New Delhi." An application under section 256(1) was rejected and on being moved under section 256(2) of the Act, this court directed for referring two questions, as set out above. According to learned counsel for the Revenue, the true import of the Revenue's case has not been appreciated by the Tribunal. In fact, it was a clear case of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . If therefore the latter constructed the flats on behalf of the late Maharani with the funds advanced by her, there appears to be no difficulty in treating the construction as the construction made by her." In view of the aforesaid findings, which are factual, no question of law arises. We, accordingly, decline to answer the questions referred. The reference stands disposed of accordingly. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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