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1985 (8) TMI 115

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..... e to its total income on account of any perquisite in the shape of residential accommodation provided on a concessional rate. Subsequently when the assessment was re-opened under the provisions of s. 143(2)(b) and re-completed under the provisions of s. 143(3), the ITO assessed a perquisite of Rs. 5,220 under the provisions of r. 3 of the IT Rules, 1962, on the ground that the rent of the premises .....

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..... thereof which could be charged from the assessee under the rent control laws of the Madhya Pradesh was only Rs. 30 p.m. In support of this contention Shri N.K. Bhuraria, ld. authorised counsel of the assessee has produced before us an order of the Tribunal in ITA No. 4989/D/1984 in the case of one Mr. M.P. Halwai, an employee of J.C. Mills of Birlangar, Gwarlior, where it was held that the monthly .....

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..... ssed by the AAC. 4. Inasmuch as we are satisfied that the provisions of Rent Control Act were applicable to the premises situate in Gwalior Rayon Colony which were partly let out to the employees of Gwalior Rayon and partly to the outsiders and also on account of the facts that in respect of a similar accommodation the rent controller of Gwalior had fixed the standard rent at Rs. 30 p.m., we do n .....

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