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TMI Blog1982 (6) TMI 93X X X X Extracts X X X X X X X X Extracts X X X X ..... ng out of the Tribuanal's consolidated order dt 20th March, 1982 in ITA Nos. 239 240 and 674/ Chandi /80 to the High Court of Punjab and Haryana at Chandigarh. "Whether, on the facts and in the circumstances of the case the Appellate Tribunal was right in law in holding that the assessee was the owner of only 1/3rd share in the Chandigarh property during the period relevant to the asst. yr. 1972 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of his wife at 22% the basis for which was their contribution towards investment on the construction of the said building. According to the assessee, he threw his share as long as on 20th November, 1970 in the common potch of his HUF and then had an oral family settlement between him, his wife and son, according to which they agreed to be equal shares as tenants-in-common, in other words having ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f 1/3 rd share of the said property income was made as a substantive assessment. 5. The dispute of share in the said property was carried in a civil court by Smt. Satwant Kaur and Sh. Deshvir Singh on 19th May, 1973 and the same came to be adjudicated by the Addl. Sub Judge Class III, Patiala, on 14th June, 1973 who held that Smt. Satwant Kaur and Sh. Deshvir Singh had 1/3rd share each in SCO 85 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l Court is collusive and as the revenue could not prove that the same is collusive the Tribunal came to the conclusion that the assessee's share was only 1/3rd. 7. At the time when this reference application came to be heard, the ld. Deptl. Rep. Mrs. Sudha Sharma without coming out for any reasons asked for adjournment but the ld. counsel for the assessee Mr. D.S. Gupta submitted that the instan ..... X X X X Extracts X X X X X X X X Extracts X X X X
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