- (1.) THE Tribunal, Allahabad has referred the following question of law under s. 256(1) of the IT Act, 1961, hereinafter referred to as 'the Act' for opinion to this Court : "Whether on the facts and in the circumstances of the case, the Tribunal was justified in holding that the property situated at Nawal Kishore Road, Lucknow stood transferred to the wife of the assessee Farzana Arif, in satisfaction of her claim for Mehr and that the income of the said property should therefore be assessed in her hands and not in the hands of the assessee."
(2.) THE present reference relates to the asst. yrs. 1981 -82 to 1984 -85.
(3.) BRIEFLY stated the facts giving rise to the present reference are as follows : The assessee owned a property at Naval Kishore Road, Lucknow 'Ashiyana' which was allegedly transferred by him in favour of his wife in lieu of Mehr without execution of a formal conveyance deed. It is the lady who has been returning the income from the said property since thereafter and is being assessed as such. The AO, however, did not accept that the property belonged to the lady on the count that it had not been transferred in her name by way of a formal registered conveyance. During first appeal, the CIT(A) accepted the assessee's plea following the Tribunal's decision in the assessee's own case in respect of the asst. yrs. 1979 -80 and 1980 -81 whereby the assessee's plea was accepted. On second appeal, the Tribunal followed the earlier view taken by it on the count that insofar as the Tribunal was concerned, nothing survived in the matter, the assessee's plea already having accepted, reference pending before the Hon'ble High Court notwithstanding.;