JODHA MAL KUTHIALA vs COMMISSIONER OF INCOME TAX, PUNJAB, JAMMU &KASHMIR, HIMACHA

The Supreme Court held that under the Pakistan (Administration of Evacuee Property) Ordinance, 1949, an evacuee cannot possess, lease, sell, or mortgage their property, which vests in the Custodian who exercises all ownership rights. Consequently, for the purpose of Section 9(1) of the Income-tax Act, 1922, the assessee was not considered the owner of the property, as ownership requires the ability to exercise rights independently. The Court upheld the High Court's ruling that the assessee could not claim losses related to the property in question.