9911796707
TMI Blog1996 (3) TMI 95X X X X Extracts X X X X X X X X Extracts X X X X ..... 1978-79 and 1979-80 in respect of the respondent/assessee ?" It would be clear that the provisions of section 9(2)(iii) deal with the aspect of computation of total agricultural income of any individual for the purpose of assessment, with reference to the question involved in these references and the said provisions are to the effect that the inclusion shall be as regards direct or indirect transfer of assets to the wife by the husband otherwise than for adequate consideration or in connection with an agreement to live apart. We are concerned with the application of the above provision only. The proceedings get initiated with the preassessment notice dated June 21, 1988, with regard to the returns for the above accounting years ending ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... record that even the objection statement dated July 2, 1983, offers no explanation in the context. Therefore, the consequential conclusion on application of section 9(2)(iii) of the Agricultural Income-tax Act, 1950, was recorded. The appellate authority (Appellate Assistant Commissioner of Agricultural Income-tax and Sales Tax, Kozhikode) has dealt with the contention in the context in the following manner : " Another contention raised is that the rubber estate was purchased by the wife of the appellant from her own funds so it is not correct to assess the income from rubber at the hands of the appellant. The records made available to me show that the property was purchased by the appellant and his wife. But no records are produced be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nal after recording the findings as having been upheld also by the first appellate authority observes in the following manner : " The case of the appellant is that the consideration of legal proposition that there is no presumption in law that the properties standing in the name of a married lady do in fact belong to her husband : the apparent state of affairs is real unless the contrary is proved. The onus of proof squarely shifts on the Revenue to establish with facts and figures that the consideration to purchase the properties in dispute really proceeded from the appellant. There is practically no evidence on record to show that the consideration really proceeded from the appellant. " The Tribunal on the basis of the above reasoning ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
