Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2019 (2) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (2) TMI 654 - BOMBAY HIGH COURTIncome from house property - dispute before the Rent Control Tribunal was in respect of one of the properties which had been trespassed by M/s. Bank of Punjab Ltd., and the compensation/ mesne profit/ damages granted in respect thereof (L40) could not be compared to the rent received in respect of all other shops/premises from protected tenants - Tribunal held that in view of the fact that all the other shops/ premises of which the rent was sought to be enhanced, were covered by the Rent Control Act and the rent could not be in excess of the standard rent determined under the Rent Control Act - Held that:- We find that the submission on behalf of the Revenue proceeds on an incorrect fundamental premise viz. that the Addl. Rent Control Tribunal had fixed a rent of ₹ 1.42 lakhs per month in respect of (L40) premises, occupied by M/s. Bank of Punjab. This is factually incorrect. The amount of ₹ 1.42 lakhs per month were directed to be paid by M/s. Bank of Punjab in eviction proceedings as mesne profits/ damages. All the other premises are let out to persons who are protected by the Rent Control Act. Moreover, no order has been passed by the Rent Control Tribunal, fixing higher rent in respect of the other premises nor has the Revenue brought on record any evidence of the other premises being let out by the Respondent at more than the declared rent. Thus, we see no reason to interfere with the impugned order of the Tribunal for the four Assessment Years 2003-04 to 2006-07.
|