Reasonable rent governs annual letting value for a new building outside rent control; cash basis defers interest taxation, low withdrawals sustained.

For a newly constructed flat outside rent-control restrictions, annual letting value under section 23(1)(a) had to be determined on the basis of the reasonable rent the property might fetch, and municipal rateable value was only a relevant circumstance, not a conclusive test. The estimate of monthly rent at Rs. 650 was upheld. Interest on compulsory deposit was not taxable in the current year because the assessee followed cash basis and the interest was actually received and offered in a later year, so the addition was deleted. The addition for low withdrawals towards personal expenses was sustained because no satisfactory evidence showed how those expenses were met.

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Issues: (i) Whether the annual letting value of the assessee's flat, which was a new building outside the rent control restrictions for the relevant period, had to be fixed with reference to the municipal rateable value or on the basis of a reasonable contractual rent under the Income-tax Act; (ii) Whether interest on compulsory deposit, not returned by the assessee, was taxable in the relevant year; (iii) Whether the addition made on account of low withdrawals for personal expenses was justified.

Issue (i): Whether the annual letting value of the assessee's flat, which was a new building outside the rent control restrictions for the relevant period, had to be fixed with reference to the municipal rateable value or on the basis of a reasonable contractual rent under the Income-tax Act.

Analysis: Income from house property is chargeable on the basis of the annual value of the property, and where the property is occupied by the owner, section 23(1)(a) requires adoption of the sum for which the property might reasonably be expected to let from year to year. Where rent control law applies, the standard rent ordinarily furnishes the upper limit of reasonable rent. But for a newly constructed building enjoying the benefit of section 30(1) of the Tamil Nadu Buildings (Lease & Rent Control) Act, 1960, the property is outside the rent control restrictions for five years, so contractual rent, not fair rent under rent control, becomes the relevant measure. Municipal valuation is relevant but not conclusive, and it cannot automatically control the income-tax valuation.

Conclusion: The municipal rateable value could not conclude the matter. The annual letting value had to be recomputed on a reasonable basis, and the estimate of monthly rent at Rs. 650 was upheld.

Issue (ii): Whether interest on compulsory deposit, not returned by the assessee, was taxable in the relevant year.

Analysis: The assessee was not following the mercantile system and was returning income on cash basis. The interest on compulsory deposit was actually received and offered in the subsequent year. On that accounting basis, the addition in the current year was not justified.

Conclusion: The addition of interest on compulsory deposit was deleted in favour of the assessee.

Issue (iii): Whether the addition made on account of low withdrawals for personal expenses was justified.

Analysis: No acceptable evidence was produced to show how the assessee met her personal expenses. The explanation regarding residence abroad did not displace the inference drawn from the absence of withdrawals or evidence of another source.

Conclusion: The addition for low withdrawals towards personal expenses was sustained against the assessee.

Final Conclusion: The appeal succeeded only in part: the property-income estimate was modified, the addition of interest on compulsory deposit was deleted, and the addition for low personal withdrawals was upheld.

Ratio Decidendi: For a property outside rent-control restrictions, annual value under section 23(1)(a) is determined by the reasonable rent the property may fetch, while municipal valuation is only a relevant circumstance and not a conclusive test.

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