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2005 (7) TMI 34 - KERALA HIGH COURT"1. Whether having regard to the provisions of rule 1BB(2)(a)(ii) read with the Explanation to the said rule, the Appellate Tribunal is right in law in holding that the maintainable rent should be arrived at on the basis of rent of Rs. 7,000 per month, when the actual rent received in the relevant previous year was Rs. 2,414 per month? 2. Whether Tribunal is right in law in valuing the property on the basis of gross maintainable rent taken at Rs. 7,000 per month in accordance with sub-clause (i) of rule 1BB(2)(a)?" - held that for the purpose of determining the gross maintainable rent of a residential building which was lying vacant as on the date of the gift, if it is found that the building was let out immediately after the gift in question, drawing a presumption backwards as permitted under section 114 of the Evidence Act and fixing the gross maintainable rental value based on such actual rental received cannot be said to be wrong or unreasonable or contrary to rule 1BB of the Wealth-tax Rules, especially in the absence of any other materials on record to show otherwise. Accordingly, we answer the questions referred to us in the affirmative, in favour of the Revenue and against the assesee
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