9911796707
TMI Blog1984 (1) TMI 117X X X X Extracts X X X X X X X X Extracts X X X X ..... The reasons for taking the lease rent in the hands of the assessee was that the father of the assessee Shri Budh Ram Goyal was held to be the real owner of the property in respect of which lease rent had been received. This protective assessment was challenged in appeal before the AAC. The AAC vide his order dt. 5th June, 1980 set aside the assessment with the direction that it be framed de novo after affording reasonable opportunity of being heard to the assessee. 3. As a consequence of these directions, the ITO proceeded afresh with the assessment and called for certain details with regard to lease of the property. In these details was included the production of a consent decree. The ITO was informed that there was no lease deed or ag ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Before me, the ld. counsel for the assessee submitted that it would be clear from the assessment order for the year 1973-74 at p. 6 of the assessee's paper book that the ITO had accepted the portion of the factory building from which the lease money was received as belonging to the assessee. This was as a consequence of Court decree. It was submitted that similarly the Court decree was accepted with all its consequences in the assessments that were raised on the assessee for the years 1974-75, 1975-76 and 1976-77. It was submitted by the ld. counsel for the assessee that even subsequent to the assessment year under appeal the Court decree has been accepted and lease rent has been assessed by way of substantive assessment in the hands of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in all the assessments prior to and subsequent to the assessment year under appeal. It is, therefore, very strange in view of the judgment of the Hon'ble Punjab Haryana High Court in the case of Dalmia Dadri Cement Ltd. vs. State of Haryana 1975 CTR (P H) 130 that without any proper reasoning the wholly settled issue was attempted to be revived in the manner described above. I do not find any justification for the same. 9. It has been held by this Bench in a number of cases just as in T. S. Madan's case in ITA Nos. 239, 248 674/ Chandi/80 dt. 20th March, 1982 that our own High Court has laid down the law clearly on the issue in the following terms in the case of Smt. Jaswant Kaur Anr. vs. The State of Haryana Anr. 1977 PLJ 230 (F ..... X X X X Extracts X X X X X X X X Extracts X X X X
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