2001 (7) TMI 56

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....to the directions given by this court, the following question has been referred under section 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 t....

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....arned counsel for the assessee. The Income tax Officer has not examined Shri Mehta and has not 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 propert....

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....g the landlord. We, therefore, hold that neither the remuneration of Rs.1,000 formed part of the 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 munic....