S.K.DESAI, J. - (1.)THIS reference has been made by the Income -tax Appellate Tribunal, Bombay Bench 'A', under section 66(1) of the Indian Income -tax Act, 1922.
(2.)THE assessee is a Hindu undivided family deriving income from property assessable under section 9 of the Act. We are concerned with the assessment year 1958 -59, the previous year being the year ended on 31st March, 1958. For that year, the Income -tax Officer had determined the property income at Rs. 12,320. It appears that, thereafter, the Commissioner exercising his powers under section 33B of the Act cancelled the said assessment and directed fresh assessment to be made. In order to understand the basis for this order and the fresh assessment a few facts may be stated : The Hindu undivided family of the assessee held a piece of land forming part of an estate known as 'Shanti Kunj', situate at 87, Naigam Cross Road, Dadar, Bombay. The said open plot was divided into six smaller portions and these were let out to six different persons under six different indentures of lease. It is the admitted position that these six leases contained identical terms and only one of them between the assessee family and one Dr. Kamat was produced before the Tribunal and has been annexed by it as annexure 'A' to the statement of the case.
In the statement of the case the Tribunal has set out the relevant portions of the recital and clauses 1, 6, 9 and 10 which are material; these read as follows :

'Whereas the lessors have set apart vacant pieces of land in the said property for letting out on lease for construction of shops to diverse lessees.... NOW KNOW YE AND THESE PRESENTS WITNESS that in consideration of the sum of Rs. 2,000 (rupees two thousand) paid at or before the execution of these presents by the lessee to the lessons -receipt whereof the lessors do hereby admit and acknowledge and exonerate the lessee from the payment thereof for rent in advance for the period of this lease - the lessors do hereby demise unto the lessee the plot of land.... (1) The lessee shall construct at his own expense a shop on the said plot.... Such construction shall be of the value of Rs. 4,000 (four thousand) at least... The lessee shall not have to pay any rent for the said plot during the continuance of the lease.... (6) The lessee shall keep the structure duly insured.... (9) Upon the expiry of the period of six years, the lessee shall hand over the possession of the demised plot of land together with the structure or structures erected thereon together with electric and other fittings to the lessors.... and the lessee shall not under any circumstances remove or pull down the structure erected on the plot. It is hereby also agreed and declared that on the expiry of the period of the lease the structure together with the fittings attached thereto shall belong to the lessors. (10) If at the end of the period of six years the lessee elects to continue the lease, it is hereby agreed and understood that the lessee shall be a monthly tenant of the lessors and shall thereupon pay to the lessors Rs. 70 per month by way of rent for the shop in his occupation'.

(3.)PURSUANT to the directions of the Commissioner, the Income -tax Officer made fresh assessment and determined the property income of the assessee family by adding to the earlier figure of Rs. 12,320 the sum of Rs. 62,740 describing it as 'income received (in kind) by the assessee on April 1, 1957, as a result of getting possession of the six shops as discussed above'.