COMMISSIONER OF INCOME TAX Vs. PRABHA DEBI BAGARIA

JUDGEMENT

(1.) THE Tribunal has referred the following question of law to this Court under <ACT>Income Tax Act, 1961</ACT><S>S.256(1)</S> of the :

(2.) THE year of assessment is 1980-81, for which the relevant period of account is the year ending on March 23, 1980. The facts of the case as narrated by the Tribunal in the statement of case are as follows : The assessee was owner of half the property at No. 5/9, Mullick Street, Calcutta. The other co- owner was Smt. Ratna Devi Bagaria who, by her last will and testament dt. March 29, 1977, created a trust in respect of her undivided half share for charitable purposes to be known as

(3.) AFTER hearing both the sides, the Tribunal concluded the matter by the following order :