COMMISSIONER OF INCOME TAX Vs. V PATTABHIRAMAN

JUDGEMENT

(1.) THE question referred to this court for opinion at the instance of the Revenue reads as follows :

(2.) ON hearing learned counsel for the Revenue, we are satisfied that the question referred in this reference has to be answered against the Revenue in view of the decision of this court in CIT v. Deghamwala Estates [1980] 121 ITR 684. In that decision, this court has taken the view that the mere execution of a document of sale by two or more persons who are co-owners of the property cannot lead to the conclusion that the co-owners were a body of individuals and that there must be something more than joining together and executing the document. This court pointed out that the mere collection of individuals without a common tie or common aim cannot be taken to be a body of individuals falling within section 2(31) of the Income-tax Act, 1961.