9911796707
TMI Blog2002 (11) TMI 64X X X X Extracts X X X X X X X X Extracts X X X X ..... DAN B. LOKUR JUDGMENT The judgment of the court was delivered by D. K. JAIN J. -These eight appeals by the Revenue under section 260A of the Income-tax Act, 1961 (for short "the Act"), are directed against the orders passed by the Income-tax Appellate Tribunal, New Delhi ("the Tribunal" for short), in I. T. A. Nos. 1209/Delhi of 1996, dated December 19, 2001 ; 6089/Delhi of 1995 and 6090/Delhi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing No. 25, Sardar Patel Marg, New Delhi. During the course of assessment proceedings for the assessment year 1991-92, the Assessing Officer felt that the rental income declared by the assessee in respect of their portion did not reflect the fair annual letting value (ALV) of the property within the meaning of section 23(1)(b) of the Act. He, therefore, referred the matter of valuation to the Val ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essing Officer with the following direction "20. The Assessing Officer is directed to redetermine the annual value of the property in accordance with my findings, he will limit the same to the higher of the following (a) the municipal valuation, (b) the fair rent determinable under the Rent Control Act, and (c) the actual rent paid by the assessee (?) This direction I feel fairly and reasonably g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 23(1)(b) of the Act, the Commissioner of Income-tax (Appeals) (for short "the CIT(A)") and the Tribunal have lost sight of the amendment in the Delhi Rent Control Act, 1958, with effect from December 1, 1988. He would thus, urge that both the appellate authorities having failed to take into consideration a vital factor, their order involves substantial question of law. Mr. Sawhney, learned counse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... In our opinion, the direction given by the Commissioner (Appeals), affirmed by the Tribunal, is very specific and unambiguous. No fault can be found with the order passed by the Tribunal on that score. Rather the entire gamut of determination of the annual letting value would be open before the Assessing Officer in terms of the appellate orders. We do not find any infirmity in the order passed by ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
