Itta/28/2000 Of The Commissioner Of Income Tax v. A. Dattaiah (Died)

THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTAANDTHE H0N’BLE SRI JUSTICE K.C.BHANU I.T.T.A. No. 28 OF 2000 JUDGMENT: (Per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) This appeal is preferred against the judgment and order dated23.12.1999 of the learned Income Tax Appellate Tribunal, HyderabadBench ‘A’, Hyderabad, in I.T.A. No.759/Hyd/1994, in relation to assessmentyear 1984-85. 2. This Court, by order, dated 28-08-2000, admitted the appeal on the following substantial question of law: “Whether, on the facts and in the circumstances of the case, the Tribunal iscorrect in law in confirming the order of the Commissioner of Income Tax(Appeals) on the ground that the ownership of the money is sub-judice eventhough the income has already accrued to the assessee ?” 3. We have heard Mr.J.V.Prasad, learned counsel appearing forthe appellant and gone through the judgment and order of the learnedTribunal. 4. In our considered view, the learned Tribunal has passed justand perfect order on fact. Until and unless the suit is decided on either way,there cannot be any crystallization of the income, much less accrual of it. The learned Tribunal has done right thing. We do not find any reason tointerfere with the same. 5. The Appeal is, accordingly, dismissed. No order as to costs.Miscellaneous petitions, if any, pending in this appeal shall stand closed. _____________________K.J. SENGUPTA, CJ _______________K.C.BHANU, J 06.08.2013DRK/HSD THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTAANDTHE H0N’BLE SRI JUSTICE K.C.BHANU I.T.T.A. No. 28 OF 2000 (Per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta)