S. N. SYED MUHAMMAD SAHEB & BROS. vs COMMISSIONER OF INCOME-TAX, — 1971 PTD 110

Citation: 1971 PTD 110

Court: Kerala High Court

Year: 1970

Decision Date: 1970-12-31

Parties: S. N. SYED MUHAMMAD SAHEB & BROS. vs COMMISSIONER OF INCOME-TAX, JUDGMENT

Headnotes

Case cited as 1971 PTD 110

Judgment Text

Court Name: Kerala High Court Judge(s): T. C. Raghavan, M. U. Isaac Title:S. N. SYED MUHAMMAD SAHEB & BROS. vs COMMISSIONER OF INCOME-TAX, JUDGMENT Reported As: 1971 PTD 110 Result: Question answered in the affirmative Judgment JUDGMENT RAGHAVAN, J.-The question referred to us by the Income-tax Appellate Tribunal is: "Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in holding that the income from the properties had been properly assessed in the hands of the firm under section 22 of the Income-tax Act, 1961?" The counsel of the revenue raises a preliminary objection that the question referred does not arise out of the order of the Tribunal. To appreciate this objection, a few facts may be noted. The assessee is a registered firm with 17 partners; and the firm has both business income and house property income. The property income for the assessment year 1962-63 came to Rs. 40,515; and the assessee claimed that the amount should be assessed, under section 26 of the Indian Income-tax Act of 1961, in the hands of the partners and should not be included in the total income of the firm itself under section 22. On the other hand, the Department claimed that the income should be included in the total income of the firm and assessed under section 22 of the Act. The matter ultimately came before the Tribunal; and the Tribunal confirmed the claim of the Department already accepted by the Appellate Assistant Commissioner. However, in…

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