Assuming joint ownership and taxing income without proving beneficial interest not tenable

Smt. Shivani Madan Vs PCIT (Delhi High Court) Delhi High Court held that deeming income from house property @50% merely on the assumption that assessee was signatory to the instrument is untenable in law since assessee doesn’t own beneficial interest in the property. Facts- In the course of assessment, the appellant was placed on notice to answer a query as to why income from the said property be not charged to tax in her hand under the head of ‘income from house property’. The appellant explained that the property is essentially owned by the spouse and that her name appears in the instr...