INCOME TAX APPELLATE TRIBUNAL ALLAHABAD Vs. MADAN MOHAN

JUDGEMENT

(1.) THE HUF consisting of L. Damodar Das (karta and his only son. Madan Mohan) owned a house in Kachcha Katra, Shahjahanpur. This was occupied by Lala Damodar Das for residential purposes. Lala Damodar Das died on April 15, 1967. The Assistant CED valued the house at Rs. 58,500. He added a half share (Rs. 29,250) in this house belonging to the son under Section 34(1)(c) of the E.D. Act for rate purposes.

(2.) ON appeal, the Zonal Appellate Controller deleted this inclusion on the ground that the residential house was totally exempt under Clause (n) of Section 33(1) of the Act.

(3.) AT the instance of the department, the Tribunal has referred the following question of law for the opinion of this court, under Section 64(1) of the Act :