BUDHO DEVI Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THE assessee Smt. Budho Devi, had sold property situated at R7/8, Green Park Extention, New Delhi, making a capital gain of Rs. 30,767 for which she filed a return in the asst. yr. 1967-68. THE ITO, after discussing the investment in the construction of the property amounting to Rs. 53,000, came to the conclusion that it came from Shri Darbari Lal, the assessee's husband. He also held that the capital gain was not assessable in the assessee's hands as it belonged to Shri Dearbari Lal. So, the assessment was made for nil income.

(2.) THE Addl. CIT came to the coulustion that this order was prejudicial to the interest of revenue because even the income disclosed in the return was not assessed in the hands of the assessee. After giving the necessary notice be set aside the assessment order and directed it to be made fresh. An appeal was taken by the assessee to the Tribunal which affirmed the order of the Addl. CIT.