COMMISSIONER OF INCOME TAX Vs. PRATIVA DUTTA

JUDGEMENT

(1.) THESE are two references under S.256(1) of the IT Act, 1961 ('the Act') at the instance of the CIT. The respondent-assessee is Smt. Prativa Dutta. The references relate to the asst. yrs. 1970-71 and 1971-72 for which the relevant previous years were those which ended on 31st March, 1970 and 31st March, 1971, respectively. The short question that arises for consideration is whether on the facts and in the circumstances of the case, the income from property bearing No. D-314, Defence Colony, New Delhi arising after 30th Jan., 1970 can be included in the assessment of the respondent-assessee.

(2.) THE assessee executed a deed of gift in respect of the above property jointly in favour of her two sons Sajay Dutt and Vikram Dutt. THE deed was executed on 30th Jan., 1970 and was also got registered on the same day. THE signatures of the donor and the donees on the document were attested by two witnesses, C.M. Sharma and Jivan Dass. THE two donees also signed the document with the endorsement 'I accept'.