2015 & Connected Matters The Commissioner of Income Tax & Anr. v. Smt. Meenakshi Devi Avaru

162 ITR 888Supreme Court of India1986#4981 most cited

What is 2015 & Connected Matters The Commissioner of Income Tax & Anr. v. Smt. Meenakshi Devi Avaru authority for?

Property is part of net wealth only if it belongs to the assessee, not merely if it is in their possession without a right to possession or ownership.

23

judgments rely on this decision, according to BharatTax’s citation analysis of 366,005 Indian tax judgments — from 2015 to 2025.

Also referred to as

Commissioner of Income Tax v. Smt. Meenakshi Devi Avaru · 162 ITR 888 · net wealth · belonging of asset · ownership · possession · right to be in possession · wealth-tax

Issues it is cited on

section 153a(b)section 292c(1)section 153c(1)section 132(4a)section 22section 292csection 292loose papersdocuments seizedsatisfaction notesection 29section 153d

Judgments citing 2015 & Connected Matters The Commissioner of Income Tax & Anr. v. Smt. Meenakshi Devi Avaru

M/S Khemka Stuart Leisure Ltd., New Delhi vs. ACIT, New Delhi

ITA 6376/DEL/2015[2008-09]Status: DisposedITAT Delhi25 Feb 2025AY 2008-09

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwalassessment Year: 2007-08 Vs. Acit, M/S. Snerea Developers Pvt. Ltd., Central Circle-9, C/O- Bgjc & Associates, Raj New Delhi Tower, G-1, Alaknanda Community Centre, New Delhi Pan:Aajcs5849K (Appellant) (Respondent) With Assessment Year: 2007-08 Dcit, Vs. M/S. Snerea Developers Pvt. Central Circle-18, Ltd., New Delhi 301, Bakshi House, 40-41, Nehru Place, New Delhi Pan:Aajcs5849K (Appellant) (Respondent) With Assessment Year: 2010-11 Vs. M/S. Dcit, Sohna Technobuild Central Circle-18, Pvt. Ltd., New Delhi 301, Bakshi House, 40-41, Nehru Place, New Delhi Pan:Aakcs8148N (Appellant) (Respondent)

Section 153Section 153ASection 153CSection 153C(1)

…d as having ownership of the corresponding seized documents as follows: - “9.2 Further, the term ‘belonging to’ has been interpreted by the Hon’ble Supreme Court in the case of CWT vs. Bishwanath Chatterjee (103 ITR 536) and late Nawab Sir Mir Osman Ali Khan (162 ITR 888) wherein the Hon’ble Supreme Court held as under: “The apex court in the case of Bishwanath Chattejee [1976] 103 ITR 536 (page 539): "The expression 'belong' has been defined as follows in the Oxford English Dictionary :—'To be the property or rightful possession of.' So it is the property of a person, or that which is in his possession as of rig…

M/S Khemka Stuart Leisure Ltd., New Delhi vs. ACIT, New Delhi

ITA 6375/DEL/2015[2006-07]Status: DisposedITAT Delhi25 Feb 2025AY 2006-07

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwalassessment Year: 2007-08 Vs. Acit, M/S. Snerea Developers Pvt. Ltd., Central Circle-9, C/O- Bgjc & Associates, Raj New Delhi Tower, G-1, Alaknanda Community Centre, New Delhi Pan:Aajcs5849K (Appellant) (Respondent) With Assessment Year: 2007-08 Dcit, Vs. M/S. Snerea Developers Pvt. Central Circle-18, Ltd., New Delhi 301, Bakshi House, 40-41, Nehru Place, New Delhi Pan:Aajcs5849K (Appellant) (Respondent) With Assessment Year: 2010-11 Vs. M/S. Dcit, Sohna Technobuild Central Circle-18, Pvt. Ltd., New Delhi 301, Bakshi House, 40-41, Nehru Place, New Delhi Pan:Aakcs8148N (Appellant) (Respondent)

Section 153Section 153ASection 153CSection 153C(1)

…d as having ownership of the corresponding seized documents as follows: - “9.2 Further, the term ‘belonging to’ has been interpreted by the Hon’ble Supreme Court in the case of CWT vs. Bishwanath Chatterjee (103 ITR 536) and late Nawab Sir Mir Osman Ali Khan (162 ITR 888) wherein the Hon’ble Supreme Court held as under: “The apex court in the case of Bishwanath Chattejee [1976] 103 ITR 536 (page 539): "The expression 'belong' has been defined as follows in the Oxford English Dictionary :—'To be the property or rightful possession of.' So it is the property of a person, or that which is in his possession as of rig…

M/S Snerea Developers Pvt. Ltd., New Delhi vs. ACIT, New Delhi

ITA 6330/DEL/2015[2007-08]Status: DisposedITAT Delhi25 Feb 2025AY 2007-08

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwalassessment Year: 2007-08 Vs. Acit, M/S. Snerea Developers Pvt. Ltd., Central Circle-9, C/O- Bgjc & Associates, Raj New Delhi Tower, G-1, Alaknanda Community Centre, New Delhi Pan:Aajcs5849K (Appellant) (Respondent) With Assessment Year: 2007-08 Dcit, Vs. M/S. Snerea Developers Pvt. Central Circle-18, Ltd., New Delhi 301, Bakshi House, 40-41, Nehru Place, New Delhi Pan:Aajcs5849K (Appellant) (Respondent) With Assessment Year: 2010-11 Vs. M/S. Dcit, Sohna Technobuild Central Circle-18, Pvt. Ltd., New Delhi 301, Bakshi House, 40-41, Nehru Place, New Delhi Pan:Aakcs8148N (Appellant) (Respondent)

Section 153Section 153ASection 153CSection 153C(1)

…d as having ownership of the corresponding seized documents as follows: - “9.2 Further, the term ‘belonging to’ has been interpreted by the Hon’ble Supreme Court in the case of CWT vs. Bishwanath Chatterjee (103 ITR 536) and late Nawab Sir Mir Osman Ali Khan (162 ITR 888) wherein the Hon’ble Supreme Court held as under: “The apex court in the case of Bishwanath Chattejee [1976] 103 ITR 536 (page 539): "The expression 'belong' has been defined as follows in the Oxford English Dictionary :—'To be the property or rightful possession of.' So it is the property of a person, or that which is in his possession as of rig…

DCIT, New Delhi vs. M/S. Snerea Developers Pvt. Ltd., New Delhi

ITA 6237/DEL/2015[2007-08]Status: DisposedITAT Delhi25 Feb 2025AY 2007-08

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwalassessment Year: 2007-08 Vs. Acit, M/S. Snerea Developers Pvt. Ltd., Central Circle-9, C/O- Bgjc & Associates, Raj New Delhi Tower, G-1, Alaknanda Community Centre, New Delhi Pan:Aajcs5849K (Appellant) (Respondent) With Assessment Year: 2007-08 Dcit, Vs. M/S. Snerea Developers Pvt. Central Circle-18, Ltd., New Delhi 301, Bakshi House, 40-41, Nehru Place, New Delhi Pan:Aajcs5849K (Appellant) (Respondent) With Assessment Year: 2010-11 Vs. M/S. Dcit, Sohna Technobuild Central Circle-18, Pvt. Ltd., New Delhi 301, Bakshi House, 40-41, Nehru Place, New Delhi Pan:Aakcs8148N (Appellant) (Respondent)

Section 153Section 153ASection 153CSection 153C(1)

…d as having ownership of the corresponding seized documents as follows: - “9.2 Further, the term ‘belonging to’ has been interpreted by the Hon’ble Supreme Court in the case of CWT vs. Bishwanath Chatterjee (103 ITR 536) and late Nawab Sir Mir Osman Ali Khan (162 ITR 888) wherein the Hon’ble Supreme Court held as under: “The apex court in the case of Bishwanath Chattejee [1976] 103 ITR 536 (page 539): "The expression 'belong' has been defined as follows in the Oxford English Dictionary :—'To be the property or rightful possession of.' So it is the property of a person, or that which is in his possession as of rig…

M/S Noorani Properties (P) Ltd vs. The Commissioner of Wealth Tax

Appeals are allowed

WTA/11/2016HC Karnataka30 Jun 2022

Bench: P.S.DINESH KUMAR,ANANT RAMANATH HEGDE

Section 27

…vant forms for issuance of 'No Objection' under Chapter XX-C of the IT Act. Clause 13(2) provides for entering upon respective properties to carry out the development and construction. 19 162 ITR 888 20 [2017] 398 ITR 531 (Para 20) 21 [2020] 421 ITR 46 (Para 2) W.T.A No.11 OF 2016 C/W W.T.A NO.9 OF 2016 W.T.A NO.10 OF 2016…

Venkateshwara Prasad Teegalapally, Hyderabad vs. Income Tax Officer, Ward-9(1), Hyderabad

In the result, the appeal of the assessee is allowed on both counts

ITA 1610/HYD/2019[2010-11]Status: DisposedITAT Hyderabad12 Apr 2022AY 2010-11

Bench: Shri S.S. Godara & Shri L. P. Sahushri Venkateswara Prasad Teegalapally, Hyderabad. Pan Aehpt 9790H …..Appellant. Vs. Income Tax Officer, Ward 9(1), Hyderabad. …..Respondent. Appellant By : Shri A.V. Raghuram, Adv. Respondent By : Shri T. Sunil Goutam (D.R.) Date Of Hearing : 11.04.2022. Date Of Pronouncement : 12.04.2022. O R D E R Per Shri L.P. Sahu, A.M. : This Assessee’S Appeal For Asst. Year 2010-11 Arises From The Commissioner Of Income Tax (Appeals)-7, Hyderabad Order Dt.23.09.2019 Passed In Case No.0159/Cit(A)-7/2017-18 In Proceedings Under Section 2 153C R.W.S. 153A R.W.S. 144 Of Income Tax Act, 1961 (‘The Act’).

For Appellant: Shri A.V. Raghuram, AdvFor Respondent: Shri T. Sunil Goutam (D.R.)
Section 132Section 153ASection 153CSection 2Section 69C

…law and on facts in terming the seized document as “belonging to the assessee” for want of ownership sense missing therein in light of Vijaybai M Chandrani Vs. CIT 333 ITR 436 (Guj); CWT Vs. Viswanath 103 ITR 530 and Late Nawab Sir Mir Osman Ali Khan VS. CIT 162 ITR 888 (SC). Learned departmental representative could not dispute the clinching factual position that the seized document “A/CAIMS/04” could not have been held to be helping to the assessee in any manner; 7 whatsoever. We thus quash the impugned assessment for this precise reason alone. 9. The assessee has raised the following additional ground : “…

Assistant Commissioner of Income Tax Circle - 2(3), Bangaluru vs. Shri T.H Suresh Babu, Bellary

In the result, the appeal by the revenue is dismissed

ITA 1890/BANG/2018[2010-11]Status: DisposedITAT Bangalore06 Apr 2022AY 2010-11

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2010-11

For Appellant: Shri Priyadarshi Mishra, Addl. CIT(DR)(ITAT), BengaluruFor Respondent: Shri Sivaprasad Reddy, ITP
Section 133A(5)Section 139(1)Section 143(2)Section 153Section 153ASection 153A(1)Section 153CSection 153C(1)

…d required under Section 153C of the said Act.' 28. Further, the term ‘belonging to’ has been interpreted by the Hon’ble Supreme Court in the case of CWT v. Bishwanath Chatterjee [1976] 103 Page 20 of 27 ITR 536 and Nawab Sir Mir Osman Ali Khan v. CWT [1962] 162 ITR 888 wherein the Hon’ble Supreme Court in CWT v. Bishwanath Chatterjee has held as under :- “The expression "belong" has been defined as follows in the Oxford English Dictionary:— " To be the property or rightful possession of." So it is the property of a person, or that which is in his possession as of right, which is liable to wealth-tax. In other w…

Ramulu Gouri, Ranga Reddy vs. Income Tax Officer, Ward-1, Vikarabad

Appeal is allowed in above terms

ITA 520/HYD/2020[2012-13]Status: DisposedITAT Hyderabad22 Nov 2021AY 2012-13

Bench: Shri A. Mohan Alankamony & Shri S.S. Godara(Through Video Conference) Shri Ramulu Gouri, Vs. Income Tax Officer, Saipur Village, Ward 1,Vikarabad. R.R. District. Pan Apxpg 5058A Appellant Respondent

For Appellant: Shri Mohd. Afzal (A.R.)For Respondent: Shri Y V S T Sai (D.R.)
Section 143(3)Section 153C

…aw and on facts in terming the seized document as “belonging to the assessee” for want of ownership sense missing therein in light of Vijaybai M Chandrani Vs. CIT 333 ITR 436 (Guj); CWT Vs. Viswanath 103 ITR 530 and Late Nawab Sir Mir Osman Ali Khan VS. CIT 162 ITR 888 (SC). Learned departmental 4 representative could not dispute the clinching factual position that the seized document “A/CAIMS/04” could not have been held to be helping to the assessee in any manner; whatsoever. We thus quash the impugned assessment for this precise reason alone. All other pleadings on merits are rendered academic. 6. This a…

Sukhamani Hotels Private Limited, Agartala vs. Deputy Commissioner of Income Tax, Circle - Agartala, Agartala

Appeal is allowed in above terms

ITA 374/GTY/2018[2011-12]Status: DisposedITAT Guwahati01 Oct 2019AY 2011-12

Bench: Shri S.S.Godara & Dr. A.L. Sainiassessment Year :2011-12

Section 153CSection 153C(1)Section 153C(1)(b)

…d belonging to her. This question came up before wherein it was held that this “belonging” has to be treated as having ownership of sized material. Various judicial precedents CWT vs. Boshwanath Chatterjee 103 ITR 531, Late Nawab Sri Mir Osman Ali Khan (1986) 162 ITR 888, SB (House & Land) Pvt. Ltd. vs. CIT (1979) 119 ITR 786, Addl. CIT vs. Sahay Properties & Investment Pvt. Ltd. (11983) 144 ITR 357 (Pat) hold that this clinching expression of “belongs” to implies ownership of an assessee which is nowhere the Revenue before us. 5. Next argument raised at Revenue’s behest is that the assessee admitted before the D…

The Commissioner of Income Tax vs. Smt Meenakshi Devi Avaru

WTA/1/2015HC Karnataka30 Aug 2018

Bench: S.SUJATHA,VINEET KOTHARI

Section 27

…b Sir Mir Osman Ali Khan Vs. Commissioner of Wealth-Tax, Date of Judgment 30-08-2018 W.T.A.No.1/2015 & Connected Matters The Commissioner of Income Tax & Anr. Vs. Smt. Meenakshi Devi Avaru through LRs. and Another 90/113 Hyderabad : 1986 162 ITR 888 (SC) and following the aforesaid judgment of Bishwanath Chatterjee (supra), the Hon’ble Supreme Court held that the liability to Wealth-Tax arises because of the belonging of the asset and not otherwise and mere possession, or joint possession, unaccompanied by the right to be in possession or ownership of property, would, therefore, not b…

The Commissioner of Income Tax-III vs. Smt.Kamakshi Devi

WTA/2/2014HC Karnataka30 Aug 2018

Bench: S.SUJATHA,VINEET KOTHARI

Section 27

…b Sir Mir Osman Ali Khan Vs. Commissioner of Wealth-Tax, Date of Judgment 30-08-2018 W.T.A.No.1/2015 & Connected Matters The Commissioner of Income Tax & Anr. Vs. Smt. Meenakshi Devi Avaru through LRs. and Another 90/113 Hyderabad : 1986 162 ITR 888 (SC) and following the aforesaid judgment of Bishwanath Chatterjee (supra), the Hon’ble Supreme Court held that the liability to Wealth-Tax arises because of the belonging of the asset and not otherwise and mere possession, or joint possession, unaccompanied by the right to be in possession or ownership of property, would, therefore, not b…

The Commissioner of Income Tax vs. Smt Meenakshi Devi Avaru

WTA/6/2015HC Karnataka30 Aug 2018

Bench: S.SUJATHA,VINEET KOTHARI

Section 27

…b Sir Mir Osman Ali Khan Vs. Commissioner of Wealth-Tax, Date of Judgment 30-08-2018 W.T.A.No.1/2015 & Connected Matters The Commissioner of Income Tax & Anr. Vs. Smt. Meenakshi Devi Avaru through LRs. and Another 90/113 Hyderabad : 1986 162 ITR 888 (SC) and following the aforesaid judgment of Bishwanath Chatterjee (supra), the Hon’ble Supreme Court held that the liability to Wealth-Tax arises because of the belonging of the asset and not otherwise and mere possession, or joint possession, unaccompanied by the right to be in possession or ownership of property, would, therefore, not b…

M/S Chandigarh Bottling Co., Chandigarh vs. ACIT, Chandigarh

In the result, appeals of the assessee are allowed

ITA 605/CHANDI/2011[2006-07]Status: DisposedITAT Chandigarh29 Aug 2018AY 2006-07

Bench: Ms. Diva Singh & Dr.B.R.R.Kumar & Assessment Year: 2006-07

For Appellant: Shri Tej Mohan SinghFor Respondent: Smt.Chander Kanta, Sr.DR

…roperty of the value of Rs. 100/- or more can be transferred only by executing and registering a sale deed. Reliance for this proposition is placed on the decision of Hon'ble Supreme Court in the case of Nawab Sir Mir Usman Ali Khan V. CWT, reported in (1986) 162 ITR 888. Reliance is also placed on the decision of Hon'ble Kerala High Court in the case of CIT Vs. F.X. Per/era and sons (Travancore ) Pvt. Ltd. reported in (1990) 184 ITR 461 in which the decision of Hon'ble Supreme Court in the case of Alapati Venkataramiah V. CIT, reported in (1965) 57 ITR 185 was -3/so considered. Since none of the entries made are…

Ghanshyam Harjivandas Patadia, Mumbai vs. ITO WD 25(3)(1), Mumbai

In the result, the appeal filed by the assessee is allowed for statistical purpose

ITA 3643/MUM/2014[2005-06]Status: DisposedITAT Mumbai31 Aug 2016AY 2005-06

Bench: Shri D.Karunakara Rao & Shri C.N. Prasadआयकर अपील सं /I.Ta No. 3643/Mum/2014 ("नधा"रण वष" / Assessment Year:2005-06 Mr. Ghanshyam The Ito-25(3)(1), बनाम/ Harjivandas Patadia, Mumbai Vs. C/O Sweet Home Developers Pvt. Ltd., 193, Bubna House, 1St Floor, S.V. Road, Kandivali(W), Mumbai-400 067 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aabpp 4713A .. (अपीलाथ" /Appellant) (""यथ" / Respondent) अपीलाथ" ओर से/ Appellant By: Shri Jayesh Dadia ""यथ" क" ओर से/Respondent By: Shri Airiju Jaikaran

For Appellant: Shri Jayesh DadiaFor Respondent: Shri Airiju Jaikaran
Section 133(6)Section 144Section 148

…pati Venkatararamiah Mere delivery of possession accompanied by realization of sale' consideration does not divert the vendor of the ownership of the property and, therefore, it continues to belong to the vendor and can be included in his net wealth. (1986) 162 ITR 888 (SC) Nawab Sir Osman Ali Khan. The concept of sale of an immovable property which is included in the "capital asset" as defined under section 2(14) has to be gathered from section 54 of the Transfer of Property Act, 1882. Where it is apparent that the parties had clearly intended that despite the execution and registration of the sale deeds, tra…

Official Liquidator

Appeals are allowed

OLR/11/2016HC Karnataka26 Aug 2016

Bench: L.NARAYANA SWAMY

Section 27

…vant forms for issuance of 'No Objection' under Chapter XX-C of the IT Act. Clause 13(2) provides for entering upon respective properties to carry out the development and construction. 19 162 ITR 888 20 [2017] 398 ITR 531 (Para 20) 21 [2020] 421 ITR 46 (Para 2) W.T.A No.11 OF 2016 C/W W.T.A NO.9 OF 2016 W.T.A NO.10 OF 2016…

Official Liquidator

Appeals are allowed

OLR/10/2016HC Karnataka26 Aug 2016

Bench: L.NARAYANA SWAMY

Section 27

…vant forms for issuance of 'No Objection' under Chapter XX-C of the IT Act. Clause 13(2) provides for entering upon respective properties to carry out the development and construction. 19 162 ITR 888 20 [2017] 398 ITR 531 (Para 20) 21 [2020] 421 ITR 46 (Para 2) W.T.A No.11 OF 2016 C/W W.T.A NO.9 OF 2016 W.T.A NO.10 OF 2016…

Official Liquidator

Appeals are allowed

OLR/9/2016HC Karnataka25 Aug 2016

Bench: L.NARAYANA SWAMY

Section 27

…vant forms for issuance of 'No Objection' under Chapter XX-C of the IT Act. Clause 13(2) provides for entering upon respective properties to carry out the development and construction. 19 162 ITR 888 20 [2017] 398 ITR 531 (Para 20) 21 [2020] 421 ITR 46 (Para 2) W.T.A No.11 OF 2016 C/W W.T.A NO.9 OF 2016 W.T.A NO.10 OF 2016…

Pr. Commissioner of vs. M/S Spa Computers Pvt Ltd

Appeals are allowed

ITA/10/2016HC Karnataka16 Jun 2016

Bench: JAYANT PATEL,B.SREENIVASE GOWDA

Section 27

…vant forms for issuance of 'No Objection' under Chapter XX-C of the IT Act. Clause 13(2) provides for entering upon respective properties to carry out the development and construction. 19 162 ITR 888 20 [2017] 398 ITR 531 (Para 20) 21 [2020] 421 ITR 46 (Para 2) W.T.A No.11 OF 2016 C/W W.T.A NO.9 OF 2016 W.T.A NO.10 OF 2016…

Commissioner of Income Tax vs. M/S.Rituraj Textile & General

ITA/9/2004HC Delhi29 Mar 2016

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE VIBHU BAKHRU

Section 16(3)

…n 31st March 1989 holding that notwithstanding that the property had not been formally registered in its name, the Assessee was the real owner of the property. It was held that the decision of the Supreme Court in Nawab Sir Mir Osman Ali Khan v. CWT (1986) 162 ITR 888 was not applicable in the facts of the case. It was further held that the building in any case was covered by Section 40 (3) (vi) of the Finance Act 1983 and the Assessee was its real owner. 8. As far as AY 1990-91 is concerned, the AO passed an order on 17th March 1993 again determining the value of property as per Schedule III of WTA a…

The Senate, Bangalore vs. DCIT, Bangalore

In the result, the appeals of the assessee are allowed

ITA 1475/BANG/2013[2003-04]Status: DisposedITAT Bangalore18 Mar 2016AY 2003-04

Bench: Shri Vijay Pal Rao & Shri Inturi Rama Rao

For Appellant: Shri S.Ramasubramanian, CAFor Respondent: Shri T.N.Prakash, Addl.CIT(DR)
Section 132Section 143(3)Section 153CSection 36

…tion 153C of the said Act.” 9.2 Further, the term ‘belonging to’ has been interpreted by the Hon’ble Supreme Court in the case of CWT vs. Bishwanath ITA Nos.1475 to 1481/Bang/2013 Page 15 of 23 Chatterjee (103 ITR 536) and late Nawab Sir Mir Osman Ali Khan (162 ITR 888) wherein the Hon’ble Supreme Court held as under: “The apex court in the case of Bishwanath Chattejee [1976] 103 ITR 536 (page 539): "The expression 'belong' has been defined as follows in the Oxford English Dictionary :—'To be the property or rightful possession of.' So it is the property of a person, or that which is in his possession as of ri…