KARTAR SINGH S Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THE assessee's three appeal Nos. 1504, 1505 and 1506 of 1963 -64 relating to the asst. yrs. 1959 - 60, 1960 -61 and 1961 -62 were disposed of by the Tribunal by a single order dt. 17th Feb., 1964. At the instance of the assessee, the Tribunal referred the following question of law to this Court :

(2.) THE assessee, a non -resident, had income, inter alia, from house property. He executed a settlement deed with respect to his property at 1/21 Asaf Ali Road, New Delhi, in favour of his father, Atma Ram. The said deed is a registered document. The preamble of the said document, inter alia, recites :

(3.) THE ITO also decided that, in any event, the assessee derived indirect benefit out of the income from the property in dispute in the form of receipts under his father's trust deed of the same date and, therefore, the case was not covered by the third proviso to S. 16(1)(c). In appeals before the AAC the assessee disputed the finding of the ITO that he continued to be the owner of the property notwithstanding the execution of the settlement deed and again raised the same contentions as raised before the ITO but the AAC affirmed the findings of the ITO. The assessee preferred appeals before the Tribunal and again reiterated the same pleas. The Tribunal disposed of the three appeals by a consolidated order as mentioned hereinbefore. It decided that :