(1.) In compliance with the directions of this court under s. 256(2) of the I.T. Act, 1961, the Income Tax Tribunal, Delhi Bench "C", has referred the following question for the opinion of this court : "Whether, on the facts and in the circumstances of the case, the income from property and dividends is assessable in the hands of the assessed in his status as individual -
(2.) Earlier, the Tribunal had rejected the Commissioner's application moved under s. 256(1) of the Act for getting the same question referred to this court. It was held that no question of law had arisen from the main order of the Tribunal in the appeals assessment years 1962 -63 and 1963 -64, which Gurprit Singh had file before it.
(3.) The controversy, as the question framed itself points out pertains to the income from the property at 18 -A, Aurangzeb Road, New Delhi, and dividends from shares which Gurprit Singh, the assessed, has enjoyed. The ITO has held them to belong to him individually and, Therefore, in his present individual assessment for the two years added them in his individual incomes. The assessed's case, however, has been and this was accepted by the Tribunal, that both the income from the property and the dividends belong to his HUF, and, Therefore, cannot be clubbed with his individual earnings.