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TMI Blog1996 (9) TMI 89X X X X Extracts X X X X X X X X Extracts X X X X ..... d family for construction of his family house is legal and valid ? 2. Whether the finding of the Tribunal that the assessee is 50 per cent. co-owner of the house with his Hindu undivided family merely because the house building loan taken by him from the Government was also utilised in the construction of the Hindu undivided family house, even though it was provided to the Hindu undivided family as loan, is legal and valid ? 3. If the answer to question No. 2 be in the negative whether the order of the Tribunal directing assessment of 50 per cent. of the house property income in the assessee's hand is legal and valid ? " Earlier we had heard the matter on September 9, 1996, and at that point we were of the opinion that there being no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eived from the house. The Income-tax Officer held that the house was constructed by the Hindu undivided family of which the assessee was the karta and accordingly the income from the house property was assessed in the hands of the Hindu undivided family for the assessment years 1975-76 to 1977-78. As to how the matter came up before the Appellate Tribunal, we may note that for the assessment for the years 1976-77 and 1977-78, the assessee filed his return of income as individual under section 143(1) of the Act showing his income only from his salary. The Commissioner of Income-tax issued notice under section 263(1) of the Act to the assessee, as according to him, the assessment of the Hindu undivided family for the assessment years 1975-7 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on which account the Appellate Tribunal also fell into error and took an erroneous view of law. The Revenue is not much concerned with the source from where the income is derived. Earlier assessments for income from house property were rightly made in the hands of the Hindu undivided family and it was not relevant for the income-tax authorities to know if the assessee could have given loan of the money to the Hindu undivided family, for building a house or otherwise which money he himself had obtained as house building loan from the Government and also took advance from the provident fund for this very purpose. In this connection, section 2(45) and section 5 of the Act may be referred to which describe " total income ". We are thus of the v ..... X X X X Extracts X X X X X X X X Extracts X X X X
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