TMI Blog1996 (2) TMI 72X X X X Extracts X X X X X X X X Extracts X X X X ..... me-tax Act, 1950, and the income is, therefore, includible in his income ? 2. Whether, on the facts and circumstances of the case, the Tribunal was justified in relying on the registered sale deed in preference to the certificate issued by M. K. Kuriakose evidencing payment of loan by Rs. 80,000 to the applicant's minor daughter for the purchase of the estate ?" The position is more than simplified by reason of consistent findings of the authorities below which are more than difficult for learned counsel to contest in this proceeding under section 60 of the Agricultural Income-tax Act, 1950. A brief resume of the facts would not be out of place. The assessee is a rubber estate owner called Kasthuri Estate at Peringamala village in Nedum ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d that the other partners of the firm advancing the amount include the assessee's mother and his own brother. It is necessary to place on record that the brother by name, M. K. Thomas, issued certificate of advancement of loan, to contend in furtherance thereof that the property was purchased by the mother in the name of the minor child. We have seen the documents in question as the English translation was placed before us. The document is explicit that the sale deed is executed by the father of the minor child and it is the father who is the assessee before us. The record also shows that M. K. Thomas is none other than the brother of the assessee. The said partnership also consists of family members specified hereinabove. This factual po ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... clusion in the above case (P. M. Paily Pillai v. State of Kerala [1981] 129 ITR 197 (Ker)) gets reinforced by the decision of the Supreme Court in CIT v. Prem Bhai Parekh [1970] 77 ITR 27 with reference to a pari materia situation available in section 16(3)(a)(iv) of the Indian Income-tax Act, 1922. We have seen the above provisions showing the character of the situation described above. Learned counsel was more than strenuous in seeking advantage of the phrase "directly or indirectly" in the concerned statutory provision. It is not possible to consider the situation in view of the position that the consistent findings stare in the face of the record to make available a direct situation for the application and governance of the provisions ..... X X X X Extracts X X X X X X X X Extracts X X X X
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