9911796707
TMI Blog1996 (2) TMI 110X X X X Extracts X X X X X X X X Extracts X X X X ..... he case, the Income-tax Appellate Tribunal was justified in holding that the provisions of section 64(1)(iv) of the Act are applicable and thereby directing the Income-tax Officer to base his fresh assessment on the assessment year 1973-74 when Smt. Rekha Devi (wife) has been held to be the owner of the house property in question ? " Briefly stated, the facts of the case are that the assessee, Kishanchand Gaganmal, was a liquor contractor. He expired. The applicant, Smt. Rekha Devi, his wife, is the legal representative of the late Shri Kishanchand. The assessment years are 1973-74, 1974-75, 1975-76, 1977-78, 1978-79 and 1981-82. The Tribunal in I. T. A. No. 297/(Ind) of 1983 and I. T. A. No. 377(Ind) of 1983 (for the assessment year 1973 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Vyas, learned counsel for the non-applicant/Department in all these cases. The principal question in these cases before the Tribunal was as to who is the real owner of house No. 32, Old Sindhi Colony, Indore. The Tribunal found that Smt. Rekha Devi (applicant) is to be treated as owner of this house. The Tribunal also concluded that Shri Kishanchand (husband of Smt. Rekha Devi) invested a sum of Rs. 85,500 in the purchase of the house and thus held that the question of investment was required to be re-examined with reference to the material seized at the time of raid and also with reference to the past or current savings, if any. In this context, the Tribunal also observed that the question of application of section 64 of the Act in the h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Commissioner may submit an application in the prescribed form to require the Tribunal to refer to the High Court any question of law arising out of such order. Under section 256(2) of the Act, the aggrieved party on adverse order of the Tribunal to the effect that no question of law arises, may approach this court for direction to the Tribunal to state the case and refer the question. The gist of these provisions is that the reference can be sought only on any question of law arising out of the order in question. As we have seen above the applicability or otherwise of the aforesaid provisions is yet not decided and as such the aforesaid question cannot be said to arise out of the order passed by the Tribunal. In view of the aforesaid ..... X X X X Extracts X X X X X X X X Extracts X X X X
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