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TMI Blog1990 (4) TMI 10X X X X Extracts X X X X X X X X Extracts X X X X ..... to this court under section 256(1) of the Income-tax Act, 1961 : "Whether, on the facts and in the circumstances of the case and in view of the 50% undivided share in the house property at No. 5/9, Mullick Street, Calcutta, donated by the assessee to Smt. Ratna Devi Bagaria Charity Trust not having been registered in favour of the trust during the relevant assessment years 1980-81 and 1981-82, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... decision dated December 23, 1982. The other half owned by the assessee was also given to the said trust by a deed of declaration dated December 3, 1977. The assessee, during the assessment years 1980-81 and 1981-82, did not show any income from the property at No. 5/9, Mullick Street. The Income-tax Officer, following his order for the assessment year 1978-79, took the income from the house prope ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the income included by the Income-tax Officer should be deleted. The departmental representative, referring to the decision in CIT v. Ganga Properties Ltd. [1970] 77 ITR 637 (Cal) urged that the assessee only should be assessed on the income from the house property. After hearing both the sides, the Tribunal concluded the matter by the following order : "The fact is that Smt. Ratna Devi and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ough the property has not been transferred in the name of the transferee or the donee but the donee has exercised all its rights and has disclosed the rent as its income and it has already been taxed in its assessment. The assessee has filed the assessment order of the trust for the assessment years 1979-80 to 1981-82. It was also declared by counsel for the assessee in the open court that the inc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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