TMI Blog2003 (11) TMI 26X X X X Extracts X X X X X X X X Extracts X X X X ..... hether, Tribunal was right in holding that the assessee's half share in house No. 7/197, Swarup Nagar, Kanpur, was exclusively used by her for residential purposes?" - In the present case the house is jointly owned by the husband and wife. Hence, it cannot be said that the house is not exclusively used by the assessee for her residential purpose. The fact that her husband has also claimed the said ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2. Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the assessee's half share in house No. 7/197, Swarup Nagar, Kanpur, was exclusively used by her for residential purposes?" The facts of the case are that the assessee had a half share in the house No. B 7/197, Swarup Nagar, Kanpur. The other half share of the house belongs to her husband. Hu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... challenged by the assessee before the Tribunal. The appeal was allowed by the Tribunal holding that section 7(4) of the Wealth-tax Act is procedural in nature and has retrospective operation. The assessee is, therefore, entitled to the benefit of section 7(4) of the Wealth-tax Act. Section 7(4) of the Act provides that a house includes part of the house and the co-owner is entitled to say that h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ility of sections 3, 7(1) and 46 of the Act. In view of the said judgment question No. 1 is answered in favour of the assessee and it is held that section 7(4) of the Wealth-tax Act has retrospective operation. The said section provides that a co-owner of a house is entitled to claim that the whole house which is used for residential purpose is exclusively used by him. In the present case the ho ..... X X X X Extracts X X X X X X X X Extracts X X X X
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