COMMISSIONER OF INCOME TAX Vs. DIVYA DEVI

JUDGEMENT

(1.) IN this reference under s. 256(1) of the IT Act, 1961 ('the Act') made at the instance of the Revenue, the following questions of law have been referred for opinion of this Court :

(2.) THE facts may be briefly stated as under :

(3.) THE consistent stand of the Revenue, which is reiterated by Sri H. L. Dattu, learned counsel for the Revenue, is that by virtue of such determination of the lease under s. 111(g) of the Transfer of Property Act and exercise of the right of forfeiture, the assessee had automatically become the owner of the building. THE contention of the assessee was that she has not become the owner of the property and that she was entitled only to damages arising out of the breach of contract.