COMMISSIONER OF INCOME TAX Vs. MURUGESA NAICKER MANSION

JUDGEMENT

(1.) THE assessee, Murugesa Naicker Mansion, Madras, derives income from letting out property at No. 544, Triplicane High Road, Madras-5. THE assessee claimed that the property in question is owned by three persons, whose shares are definite and ascertainable. As the shares of the co-owners were definite and precise, they were returning their share of income from the property in question in their individual capacities.

(2.) THE Income-tax Officer has assessed the income derived from the property in the hands of the "association of persons" rejecting the contention of the assessee for the assessment year 1981-82.

(3.) FOR the appreciation of the question involved we may incisively refer to the facts of the case, in the case of CIT v. Blue Mountain Engineering Corporation [1978] 112 ITR 839 (Mad) and the decision rendered thereon before ever, we are to consider the decision of the Supreme Court in the case of ITO v. Ch. Atchaiah [1996] 218 ITR 239.