COMMISSIONER OF INCOME TAX Vs. MRS. MALA GOEL

JUDGEMENT

(1.) AT the instance of the Revenue, this reference is made by the Tribunal for determining the following question : "Whether on the facts and in the circumstances of the case, the income of the assessee from the flat in the multi -storeyed building is to be assessed under the head 'Income from other source' or 'Income from house property'

(2.) IN view of the apex Court decision in the case of CIT vs. Podar Cement (P) Ltd. (1997) 141 CTR (SC) 67 : (1997) 226 ITR 625 (SC), the answer is required to be given against the Revenue and in favour of the assessee and the income is to be treated as income from house property. The reference is disposed of accordingly with no order as to costs.