TMI Blog1981 (2) TMI 72X X X X Extracts X X X X X X X X Extracts X X X X ..... 1, for the assessment years 1968-69 and 1969-70 ? 2. Whether, on the facts and in the circumstances of the case, and having regard to the sale deed executed on April 11, 1969, the Tribunal was right in law in holding that the income from self-occupied property was rightly included as the assessee's income from house property for the assessment years 1968-69 and 1969-70 ? " The answer to question No. 2 depends on the answer to question No. 1. The facts giving rise to these references are these. The assessee is an individual. The previous years relevant to the assessment years 1968-69 and 1969-70, ended on March 31, 1968, and March 31, 1969, respectively. By an agreement dated March 17, 1964, between Shri Pran Nath Bhatia (the vendor), th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nts. This plea of the assessee was not accepted by the ITO. Consequently, he taxed the income from the self-occupied property at Rs. 1,604 for the assessment year 1968-69 and at Rs. 2,096 for the assessment year 1969-70. The, assessee also failed before the AAC in appeal. A further appeal before the Incometax Appellate Tribunal, Chandigarh Bench, filed on behalf of the assessee, was also dismissed by the Tribunal, vide its order dated January 31, 1975, giving rise to the reference of the above questions of law to this court. The learned counsel for the assessee contended that unless the sale deed, dated April 11, 1969, was executed, the assessee did not become the owner of the property as contemplated under s. 22 of the Act, which is as f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... luded by the final court. In R. B. Jodha Mal Kuthiala's,case [1971] 82 ITR 570, 578 (SC), it has been observed thus: " But the real question is, can that right be considered as ownership within the meaning of section 9 of the Act. As mentioned earlier, that section seeks to bring to tax income of the property in the hands of the owner. Hence, the focus of that section is on the receipt of the income. The word 'owner' has different meanings in different contexts. Under certain circumstances, a lessee may be considered as the owner of the property leased to him, In Stroud's judicial Dictionary, 3rd edition, various meanings, of the word 'owner' are given. It is not necessary for our present purpose to examine what the word 'owner' means i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eads: " AND WHEREAS by an agreement dated 17th March, 1964, the vendor named above agreed with the purchaser for the sale of the property cited above for a sum of Rs. 19,400 (rupees nineteen thousand four hundred only) and received the whole of the consideration money excluding the loan amount which the purchaser agreed to pay to the Estate Office direct in lump sum or in instalments, as the case may be, from the purchaser, Smt. Kala Rani, daughter of Shri Matu Ram, S. C. F. No. 14, Sector 18-C, Chandigarh, as detailed hereinafter and delivered the physical possession of the said property to the purchaser and allowed her to construct and complete the building thereon as per approved plan at her own costs and expenses. " The judgment of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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