TMI Blog2016 (11) TMI 455X X X X Extracts X X X X X X X X Extracts X X X X ..... y the principles contained in the Rent Control Act in the matter of fixation of fair rent. No legal infirmity in the order passed by the Tribunal warranting our interference - Decided against the assessee. - Tax Case Appeal Nos.727, 728, 729 and 730 of 2016, C.M.P.Nos. 16058, 16059, 16060, 16061, 16062, 16063 and 16064 of 2016 - - - Dated:- 24-10-2016 - Nooty Ramamohana Rao And Anita Sumanth, JJ. For Appellant : Mr. V. S. Jayakumar For Respondent : Mr. T. R. Senthilkumar JUDGMENT ( Delivered by Nooty Ramamohana Rao, J ) These Tax Case Appeals have been preferred by the Assessee under Section 260A of the Income Tax Act, 1961 mounting a challenge to the common order passed by the Income Tax Appellate Tribunal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tal income at ₹ 3,00,000/- as reasonable and hence directed the Assessing Officer to adopt the said amount of ₹ 3,00,000/- as the rental income of the Assessee for the Assessment Year 2002-03. Not satisfied with this order, the Assessee went before the Income Tax Appellate Tribunal by way of further appeal, which by its impugned order dated 22.04.2016, while setting aside the orders of both the Assessing Officer and the Appellate Authority, directed the Assessing Officer to examine the issue in the light of the provisions of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 and estimated the annual rental income for the assessment year 2002-03 and thereafter the rent of the building so determined may be increased by 15 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en mounted that fair rent can be fixed by the Rent Controller only upon an application made there under the provisions of the said Act, but however, we are not so much concerned with the issue of fixation of fair rent under the Rent Control Act in the present case. The formula contained for fixation of fair rent under the Rent Control Act is, what is now directed to be 'adopted' for the purpose of arriving at a reasonable rental value the property leased out by the assessee would fetch. Instead of leaving any discretion in the hands of the Assessing Officer in working out, all that the Tribunal did was to direct the Assessing Officer to get guided by the principles contained in the Rent Control Act in the matter of fixation of fair ..... X X X X Extracts X X X X X X X X Extracts X X X X
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