COMMISSIONER OF INCOME TAX Vs. SK MD ZAKI

JUDGEMENT

(1.) THE Tribunal has referred the following question of law to this Court under s. 256(1) of the IT Act, 1961:

(2.) THE assessment year involved is 1972-73 for which the relevant accounting year is calendar year 1971. the dispute relates to an amount of Rs. 6,412 only which is pending in this Court since 1979. One Sk. Md. Naqi died intestate on 27th Aug., 1969. The assessee had 14/72 share left by Sk. Md. Naqi. The other legal heirs had interest in the balance of the estate. The ITO sought to include a sum of Rs. 6,412 representing 14/72 share in the estate of Sk. Md. Naqi in the hands of the assessee. The ITO's view was that the income from the estate was includible in that total income of the assessee because the assessee succeeded to the estate with other heirs of Sk. Md. Naqi as tenants-in-common and in specific share. The AAC upheld the order of the ITO as he was of the view that the provisions of s. 168 of the Act had application, inter alia, to the cases of testamentary succession.

(3.) AGGRIEVED by the decision of the Tribunal, the CIT has come up on a reference. The Revenue has been unable to point out any infirmity in the order of the Tribunal.