1986 (4) TMI 109

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....he appeals, have been raised by the Revenue and as such all the appeals are being disposed of by a common order: "On the facts and in the circumstances of the case, the CIT(A) erred in deleting the addition make by the ITO for value of perquisite in respect of accommodation provided by the employer on concessional rent." 2. The assessee is an employee of M/s Gwalior Rayons,Gwalior. That comp....

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....ld. Departmental Representative and the ld. counsel for the assessee. The Departmental Representative has supported the order of the assessing officer and has urged that the accommodation in question had been let out to the assessee by virtue of his employment and similar accommodation in the vicinity can fetch a rent at 50 paise per sq. ft. On the other hand, ld. counsel for the assessee has subm....

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....t., 1983issued by the employer of the assessee. It states that there is no service condition to provide accommodation to the employee, namely, Shri K. N. Singhania by the company. It also speaks that the flats are allotted to the employees as per availability from time to time. That document goes to suggest that the assessee had not been inducted as tenant by virtue of any contract of service. Bes....

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....ere a standard rent is fixed or can be fixed by the Rent control Authority then the actual value of the building can not be more than the standard rent. By virtue of the contract of tenancy and also declaration of the standard rent, the employer of the assessee is not in a position to recover more than what has been declared the standard rent, which is equivalent to the rent agreed. However, there....