TMI Blog2001 (7) TMI 56X X X X Extracts X X X X X X X X Extracts X X X X ..... on 256(2) of the Income-tax Act, 1961 (in short "the Act"), by the Income-tax Appellate Tribunal, Delhi Bench "C" (hereinafter referred to as the Tribunal), for the opinion of this court: "Whether, on the facts and in the circumstances of the case, the amount of Rs.1,000 per month paid by the tenants to the son can be taken into account for determining the annual value of the property?" The di ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... found out the purpose for which he was employed and the services which-he was required to render. As per the letter dated June 14, 1966, he was to act as the caretaker of the property and to look after the day-to-day needs of the tenant. The letter further says that Shri Mehta was to see that the property was kept in good repairs by the assessee. That does not mean that either the tenant was payin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e bona fide annual value nor any adjustment is required in the statutory deductions for the repairs under section 24(1)(i)(b) of the Act. We also notice that in all the past years the Income-tax Officer had not included the remuneration of Shri Mehta in the annual value of the property. Besides the municipal valuation of the property even during the year under appeal was only Rs.42,000 which suppo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tanding in the agreement entered into by the assessee and his son to the effect that the tenant was to bear the cost of repairs also. That being the position, in view of factual conclusions as noted by the Tribunal and more particularly the fact that there was no agreement between the landlord and the tenant, the conclusions of the Tribunal are in order. The answer to the question referred is in t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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