SAVITA MOHAN NAGPAL Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THIS reference has been made by the Income-tax Appellate Tribunal, Jaipure Bench, Jaipur (hereinafter referred to as "the Tribunal"), by its order dated August 29, 1974, and the following three questions of law arising out of the Tribunal dated August 18, 1972, have been referred to this court for its opinion :

(2.) WHETHER, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the property income was assessable in the hands of the assessee under Section 23 of the I.T. Act, 1961 ?

(3.) A similar question arose before the Bombay High Court in Seth Motilal Manekchand v. CIT, 1957 31 ITR 735. In that case, Chagla, Chief Justice, as he then was, explained the difference between a claim that a particular amount was not the real income of the assessee and a claim for deduction of an amount from the income of the assessee, under the provisions of the I.T. Act. It was observed by the Bombay High Court in the aforesaid case as under (p. 739):