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TMI Blog1992 (11) TMI 72X X X X Extracts X X X X X X X X Extracts X X X X ..... ted the case and referred the following two questions to this court: "1. Whether, on the facts and in the circumstances of the case, the hon'ble Tribunal was legally correct in holding that the annual letting value of the club building is not assessable to income-tax under the head 'Income from property'? 2. Whether, on the facts and in the circumstances of the case, the hon'ble Tribunal was l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tax in the hands of the assessee. For the present years also, the Income-tax Tribunal followed its earlier decision and came to the conclusion that the income from house property was not liable to tax. It is thereupon that, on an application from the Revenue, the aforesaid two questions have been referred to this court. Section 22 of the Income-tax Act, 1961, inter alia, provides that the annua ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cted to tax and which, at the relevant point of time, did not necessarily have a direct relation with the rent which was actually received or could be received. The incidence of tax under section 22 is on the ownership of the building and it is for this reason that the Allahabad High Court, in the case of CIT v. Wheeler Club Ltd. [1963] 49 ITR 52 came to the conclusion that the provisions of secti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as been drawn to some of the decisions of different courts where conflicting views have been expressed in cases where rooms were let out by the club to its members. It is not necessary for us to advert to the said decisions because, in the present case, the club premises have not been let out by the assessee to its members and no rent has been charged from them. It is no doubt true that the club i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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