9911796707
TMI Blog1999 (8) TMI 63X X X X Extracts X X X X X X X X Extracts X X X X ..... endra Nath Roy. A deed of settlement dated March 8, 1951, was made by the late Amarendra Nath Roy, grandfather of Smt. Mandira Mukherjee. Under the deed of settlement, he had settled the property valued at Rs. 3,00,000, including the property in question. Under the deed, he made Shri Sailendra Nath Roy, his only son, a trustee and also made provision for maintenance of his daughter and grand-daughter. As per the terms of the settlement deed dated March 8, 1951, a sum of Rs. 10,000 was to be spent on the occasion of marriage of the assessee and an amount of Rs. 100 per month be spent on her education. After defraying these expenses, Shri Sailendra Nath Roy was allowed to enjoy the estate as absolute owner thereof till his life time. Thereaft ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m the rent of Rs. 2,400 paid to the assessee (?). The assessee claimed that income should be assessed as income from the house property. The Income-tax Officer did not accept this, He pointed out that this rent of Rs. 24,000 should be treated as income of Shri Subir Kumar Roy, who is assessed under File No. 11-049-PK 1314/Cal/24-Pgs./C-Ward. But when the assessee has disclosed this income he assessed the income as shown by the assessee as "income from other sources". In appeal, the Commissioner of Income-tax (Appeals) relying on the affidavit of the grandfather of the assessee has taken the view that the rental income of the assessee should be assessed as "income from the house property" as shown by the assessee. In appeal before the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Roy, the father of the assessee, was the owner of the land. The factory shed at the cost of Rs. 80,000 was constructed by his son, Sri Subir Kumar Roy. The rent of Rs. 24,000 was received from Sri Subir Kumar Roy for the land. It is held that this rent was received without any consideration. It is also held that it is an application of income. Sri Subir Kumar Roy was assessed in C-Ward and he has shown in his return income from other sources. His showing from other sources is immaterial. His showing the income from other sources does not affect the assessee's case. In short, it is argued by the learned Departmental representative that the assessee is getting a negligible amount of rent from Sri Subir Kumar Roy and she is collecting the con ..... X X X X Extracts X X X X X X X X Extracts X X X X
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