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TMI Blog2001 (3) TMI 81X X X X Extracts X X X X X X X X Extracts X X X X ..... the appellant, and Dr. Ashok Saraf, learned senior counsel assisted by Mr. S. K. Agarwal, appearing for the respondent-assessee. This appeal is preferred against the order dated June 19, 2000, passed by the Income-tax Appellate Tribunal, Gauhati Bench, in I. T. A. No. 22/ Gauhati of 1997, for the assessment year 1991-92. The undisputed fact is that the assessee, Kashiram Agarwalla and Sons, tra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ther, on the facts and in the circumstances of the case, the Commissioner of Income-tax (Appeals) as well as the Tribunal did not err in law in coming to the conclusion that the income from house property amounting to Rs. 2,08,740.14 is not to be assessed in the hands of the asses see and directing eletion of the same from the income of the assessee ?" Mr. Joshi, learned counsel for the appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd, submits that the dispute raised by the appellant stand answered by the apex court in the case of CIT v. Podar Cement P. Ltd. [1997] 226 ITR 625. The apex court after considering a catena of judgments of various High Courts, held that the requirement of registration of the sale deed under section 22 of the Income-tax Act, 1961, is not warranted. The apex court further held as follows : "Hence, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ical terms. However, in view of the decision in CIT v. Podar Cement P. Ltd. [1997] 226 ITR 625 (SC) where it is held that the registration of documents under the Registration Act is not a must in the context of section 22 of the Income-tax Act, we hold that non-registration of transfer documents is immaterial for the purpose of invoking the provision of section 22 of the Income-tax Act. Hence, we ..... X X X X Extracts X X X X X X X X Extracts X X X X
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