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TMI Blog1983 (7) TMI 84X X X X Extracts X X X X X X X X Extracts X X X X ..... 4. 2. The assessee before us is Shri Hira Lal Sibbal, advocate. He derives income from legal profession, house property, dividends, interest, etc. Shri Sibbal had acquired House No. 29 in Sector 5, Chandigarh, as his individual property. He threw this property into the common hotchpotch of the family of which he is the karta. A portion of this converted property was let out for a consideration of Rs. 10,000 per annum. A part of this property was used for self-residence by the members of the family. 3. When the ITO took up the assessment for the year under appeal, he estimated the income from the self-occupied property at Rs. 6,000 and brought it to tax along with the sum of Rs. 10,000 received as rent under the provisions of section 64(2) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rom the converted property or any part thereof shall be deemed to arise to the individual and not to the family ; (c) where the converted property has been the subject-matter of a partition (whether partial or total) amongst the members of the family, the income derived from such converted property as is received by the spouse or minor child from the portion of the converted property allotted to them shall be clubbed in the total income of the individual under the provisions of section 64(1) of the Act. There is a proviso to this sub-section wherein it is clarified that the income referred to in (b) and (c) above, on being included in the total income of the individual, shall be excluded from the total income of the family or, as the case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y the Legislature, the income from such property, etc., is to be assessed in a prescribed manner. However, it is clear that first of all the income from such converted property has to be determined in the hands of those to whom the property belongs or in the hands of the owners of the property. Therefore, the income from the property so converted shall have first to be computed as if the HUF was the owner of the property. 8. If so much is clear, then we revert back to the provisions of section 23(2) proviso to which shows that where the sum so arrived at, i. e., as worked out under clauses (i) and (ii) ibid. exceeds 10 per cent of the total income of the owner, the excess shall be disregarded. Now if we come to the facts of the case before ..... X X X X Extracts X X X X X X X X Extracts X X X X
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