2018 (5) TMI 2

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....DGEMENT [ Judgment of the Court was pronounced by T. S.Sivagnanam, J. ] Heard Mr. M. Swaminathan, the learned Senior Standing Counsel appearing for the appellant/Revenue. Though the respondent/assessee has been served and their name was printed in the causelist, none appears for the respondent/assessee. 2. At the time, when the Tax Case Appeal was admitted, i.e., 14.07.2008, the following....

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....re-framed the issues, raising the following two substantial questions of law:- i) Whether the Tribunal was right in holding that for the purpose of determining the market value of the property under wealth Tax only actual rent received should be taken without including the charges collected separately towards service and maintenance? ii) Whether the Tribunal was right in holding ....

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....WT(A) erred in holding that the charges received for amenities were not to be included as part of rent for the premises for the purpose of valuing the building on rent capitalization method, the ITAT dismissed the Appeal filed by the Revenue on the ground that in the asseesee's own case in respect of the earlier AY 1985-86, ITAT has held against the Revenue. 5. The learned Senior Standing C....

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....sue in those years. For such reasons, we are convinced that the matter should be remanded to the CWT (A) for fresh consideration on merits and in accordance with law. 7. Accordingly, the Tax Case Appeal is allowed, the impugned order is set aside, and the matter is remanded to the CWT (A) for fresh consideration to decide the following two issues along with the facts and circumstances of the ca....