Commissioner Of Wealth Tax vs Shri J.K. Srivastava on 27 October, 2004
21. The judgment delivered by this Court in W.T.R. No. 208 of 1983 Commissioner of Wealth Tax v. Smt. Hemlata Shukla decided on 3-09-2004 which one of us (Hon. R.K. Agarwal, J) was a member is distinguishable and is not applicable to the facts of the case in hand. In that case the property at Delhi was constructed by two ladies, who jointly owned the plot of land which has been received by way of gift. There was no evidence to show in what proportion money was invested by them. The tax authorities including the Tribunal found that it was not clear as to what amount was invested by each assessee in the construction of the house at New Delhi. Therefore, it was held on the facts of that case that the value of interest of the assessee cannot be determined in that house.