TMI Blog1983 (11) TMI 44X X X X Extracts X X X X X X X X Extracts X X X X ..... nt to the assessment year being S.Y. 2026 which ended on October 30, 1970. The assessee, P. M. Ghiya, since deceased, made an annuity deposit, and in the year of accounting relevant to the assessment year under reference, an amount of Rs. 6,636 was returned out of the said deposit to the estate of the deceased, P.M. Ghiya, which was represented by his legal representative, Shri K. P. Ghiya, who ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Revenue carried the matter in appeal before the Tribunal which, following a decision of this court in CIT v. Narottamdas K. Nawab [1976] 102 ITR 455, held that the aforesaid amount of Rs. 6,636 was includible in the income of the estate of the deceased. In that view of the matter, the Tribunal reversed the order of the AAC and restored that of the ITO. The assessee, therefore, sought a reference ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Bench in that case was concerned with the question as to whether the instalment of annuity deposit received by the karta of the assessee as nominee/legal representative of the deceased depositor was liable to be assessed as income of the assessee. The Division Bench, speaking through Divan C.J. (as he then was), held that having regard to the Annuity Deposit Scheme, the payment of instalments was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... read with the Annuity Deposit Scheme, the annual payments which were made in the exercise of statutory powers were income in the hands of the nominee or the legal representative of the original depositor. Since the position is concluded, we have to answer the question as indicated above. Mr. Patel for the assessee makes an oral application for grant of certificate for appeal to the Supreme Cour ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
