9911796707
TMI Blog1998 (4) TMI 126X X X X Extracts X X X X X X X X Extracts X X X X ..... sued by the Commissioner of Income-tax stating that investment in flats is not in consonance with rules 68 and 69 of the Income-tax Rules. Rule 68 of the Income-tax Rules has contemplated the circumstances by which withdrawals may be permitted by the trustees of the provident fund. One such circumstance is to meet the expenditure on building a house, or purchasing a site or a house or a house and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... : "House. A place of dwelling or habitation : also a family or household. A hundred years ago there was not much difficulty in saying what was a 'house', but builders and architects have so altered the construction of houses, and the habits of people have so altered in relation to them, that 'house' has acquired an artificial meaning and the word is no longer the expression of a simple idea. To ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with approval by Halsbury C., and Ld. Brampton in Grant v. Langston [1900] AC 390)." The word "house" has been defined in Words and Phrases as : "House" within constitutional protection from unreasonable searches and seizures, may include business office, store, hotel room, apartment, automobile or occupied taxicab. Lanza v. State of N. Y. (N. Y. 82 S. Ct. 1218, 1220; 370 U. S. 139; 8 L. Ed. 2d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... flat. The vertical growth lead to multistoreyed construction of buildings where independent flats are constructed for human habitation. It may be one flat or one storey or a number of flats in a storey. Flat could be covered by the word "house" and, therefore, the interpretation which the Commissioner of Income-tax has taken could not adhere to be in accordance with the rules. Accordingly, the le ..... X X X X Extracts X X X X X X X X Extracts X X X X
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