TMI Blog2003 (12) TMI 25X X X X Extracts X X X X X X X X Extracts X X X X ..... 888. This finding was affirmed by the Tribunal - actual receipt by the assessee from its tenant has been taken into consideration for the purpose of assessing the income from the house property appears to be correct – no interference is required in tribunal’s order - - - - - Dated:- 5-12-2003 - Judge(s) : ALOKE CHAKRABARTI., S. K. GUPTA. JUDGMENT ALOKE CHAKRABARTI J. -This appeal was filed challenging the order of the Income-tax Appellate Tribunal, whereby the appeal preferred by the Revenue was dismissed. The facts relevant for the present purpose are that the assessee-company being the owner of the first floor of an old building in premises No. 14, N. S. Road, Kolkata, measuring 12,000 square feet approximately, let out 4,787 sq ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of the actual rent received by the assessee. The Department challenged the above order of the Commissioner of Income-tax (Appeals) before the Tribunal wherein the impugned order was passed dismissing the appeal. Heard Mr. Saha, learned counsel for the Revenue-appellant, who relied on sections 22 and 23 of the Income-tax Act, 1961, and contended that the computation of income from the house property in such case should be made taking into consideration the annual rent actually received in respect of the said house property itself. Reliance was placed also on the judgment in the case of Smt. Protima Roy v. CIT [1982] 138 ITR 536 (Cal) and Smt. Pratima Roy v. CIT [1989] 175 ITR 107 (Cal). Reliance was also placed on the judgment in the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a), the amount so received or receivable." In the cases of Smt. Protima Roy [1982] 138 ITR 536 (Cal) and Smt. Pratima Roy [1989] 175 ITR 107 (Cal), observations are there which have been relied on by the Revenue for showing that the rent received by the sub-tenant is to be taken into consideration as the rent receivable by the owner and computation has to be made on that basis. But on consideration of the said two judgments, we find that in both the cases the contention regarding sub-tenancy has been disbelieved and the intermediate status of the tenant has been held to be sham in nature. The apex court in the case of Mrs. Sheila Kaushish [1981] 131 ITR 435, held that in respect of the building situated in an area where rent control law a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ived by the tenant from its sub-tenant and therefore, the said appellate authority directed the Assessing Officer to revise the computation of income from the house property replacing the annual letting value at Rs. 11,68,985 by Rs. 1,14,888. This finding was affirmed by the Tribunal on appeal filed by the Revenue and the appeal before the Tribunal was dismissed. In the present appeal filed by the Revenue against the aforesaid judgment of the Tribunal, we do not find any ground for interference as the actual receipt by the assessee from its tenant has been taken into consideration for the purpose of assessing the income from the house property which appears to be in consonance with the findings of the Division Bench of this court in the cas ..... X X X X Extracts X X X X X X X X Extracts X X X X
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