TMI Blog1999 (12) TMI 55X X X X Extracts X X X X X X X X Extracts X X X X ..... ferred for the assessment year 1978-79 : "1. Whether, on the facts and in the circumstances of the case, the assessee under the head 'Income from salary', is entitled against that income to the deduction admissible under section 16(i) of the Income-tax Act, 1961 ? 2. Whether, on the facts and in the circumstances of the case, the Tribunal is correct in law in holding that the deduction on account of repair under section 24 should be worked out on the gross annual letting value before deduction of allowance for occupation under section 23(2)(i) of the Income-tax Act ?" Question referred for the assessment year 1979-80 : "1. Whether, on the facts and in the circumstances of the case, the assessee-Hindu undivided family, when its incom ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 78-79. However, while doing so, the Tribunal also observed that the Income-tax Officer having himself determined the head to income under which the income declared was assessable, namely, "salaries", the Revenue could not raise any objection with regard to the head of income having been wrongly taken specially when there was no cross-objection filed by it. The second question in respect of the assessment year 1978-79 relates to the deduction for repairs under section 24 of the Act, while computing the income from the self-occupied property. The assessee had computed its income under the said head by first claiming deduction under section 24(1)(i)(a) of the Act on account of repairs against the gross letting value of the property and then ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... come received is determined, then the total income under the head has to be computed as per the procedure prescribed under the specific head. Section 16 of the Act provides that the income chargeable under the head "Salaries" shall be computed after making deductions prescribed thereunder. Standard deduction is one of the deductions prescribed under section 16(i) of the Act. In the instant case, having himself brought to tax the money received by the assessee under the head "Salaries", it is axiomatic that the income chargeable under the said head has to be computed after allowing deductions under section 16 of the Act. It is, however, submitted by Mr. Sanjiv Khanna that the issue before the Tribunal was whether the salary received by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r charging the annual value of the property, of which the assessee is the owner, under the head "Income from house property". The annual value of the property is to be determined in terms of section 23 of the Act. Section 23(2)(i) of the Act postulates that where the property consists of a house in the occupation of the owner for the purposes of his own residence, the annual value of such house shall first be determined in the same manner as if the property had been let and further be reduced by one-half of the amount so determined or one thousand and eight hundred rupees, whichever is less. From a conjoint reading of sections 22 and 23 it is clear that all deductions for the purpose of computing the income from house property have to be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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