SHIKHARCHAND JAIN Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THIS reference under Section 256(1) of the Income-tax Act, 1961, at the instance of the assessee is to answer the following questions of law, namely ;

(2.) THE relevant assessment years are 1966-67 to 1968-69. THE assessee owns a house in the City of Sagar which was kept vacant by him, as he was living with the father in the same city in a different house. THE Income-tax Officer reopened the assessment for these years under Section 147 of the Income-tax Act, 1961, on the ground that income from the property had escaped assessment. THE Commissioner (Appeals) dismissed the assessee's separate appeals for these years and that view was affirmed also by the Tribunal by dismissal of the further appeals filed by the assessee. THE assessee's case was that the property was exempt under Section 23(3)(a) of the Act, inasmuch as the assessee had kept his house vacant and was living with his father by reason of the fact that owing to his business or profession, he could not live in his house. It has, however, been found that the assessee was living with his father voluntarily for the sake of his own convenience and, therefore, Section 23(3)(a) is not attracted.

(3.) THERE shall be no order as to costs.