ABNASH KAUR Vs. ACIT, CIRCLE 23(1)

JUDGEMENT

(1.) THESE eight appeals under Section 260 -A of the Income Tax Act arise out of common order passed by the Income Tax Appellate Tribunal (hereinafter referred to as "the ITAT") on 07.02.2014 in appeals preferred before it respecting the assessment years (AY) 1991 -92 and 1994 -95 to 2000 -01. The appeals have been instituted by Smt. Surjit Kaur Gill, one of the legal heirs of late Smt. Abnash Kaur, describing herself as the executor/administrator of the estate. Since the contentions raised in all the appeals are identical, they have been heard together.

(2.) THE appellant urges the following as the question of law for consideration: -

(3.) IT is stated that Smt. Abnash Kaur was married to Seth Shiv Prasad in 1955, it being his second marriage. It is claimed that with the help of money received as marriage gifts from her husband, Smt. Abnash Kaur purchased property No. 3, South End Road (now known as Rajesh Pilot Marg), New Delhi from S. Basakha Singh for total consideration of Rs. 2,50,000/ - vide sale deed dated 18.01.1956 duly registered on 30.01.1957 in the office of Sub -Registrar, New Delhi. Smt. Abnash Kaur died on 10.06.1976. It is the aforesaid property that constitutes the estate which is subject matter of the bequest through Will dated 06.02.1973 left behind by Smt. Abnash Kaur at the time of her death and the rental income from which forms the bone of contention here. According to the appellant, in terms of the Will, the estate was bequeathed in equal shares in favour of six beneficiaries, they including (a) Sh. Kamal Kishore Bindal (son); (b) Smt. Surjit Kaur Gill (sister); (c) Sh. Ajit Singh (brother); (d) Smt. Adarsh Kaur Gill (sister); (e) Sh. Gumir Singh Gill (son of Smt. Surjit Kaur Gill and nephew of Smt. Abnash Kaur); and (f) Ms. Noorien Kaur Gill (daughter of Smt. Adarsh Kaur Gill and niece of Smt. Abnash Kaur).