S PARTHASARATHY Vs. COMMISSIONER OF INCOME TAX MADRAS

JUDGEMENT

(1.) The question that arises for decision in this appeal certificate is whether the house concerned in these proceedings is individual property of the assessee or the property of his family.

(2.) The Income-tax Officer, the Appellate Assistant Commissioner, the Income-tax Appellate tribunal, as well as the High court have concurrently come to the conclusion that it is the absolute property of the assessee. The assessee is contesting that finding.

(3.) It is established that the assessee's father purchased a vacant land comprising twenty and odd grounds in Cathedral Road, Madras, on 7.11.1930. That site was purchased out of his private funds. On that site the assessee's father constructed eleven houses. Out of these eleven houses, he gifted eight houses to his four daughters, two houses to each one of them. Out of the remaining three houses, he kept one for himself and gave the other two to his two sons, the assessee and his brother, Ramaswami, one each. It is not the case of the assessee that any family funds had been invested either in purchasing the site or in constructing the houses.