1992 (2) TMI 56

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Income-tax Act, 1961 (in short, " the Act "), involve common points, they are disposed of by this judgment which shall govern both. At the instance of the Revenue, the following question has been referred to this court for adjudication : " Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was justified in directing to compute the income from property....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....rom the gross rent received, the expenses incurred for earning the rent were first deducted and, thereafter, the statutory allowances indicated above were allowed. The assessee filed appeals before the Appellate Assistant Commissioner of Income-tax, Cuttack Range. The said authority accepted the plea of the assessee that, before adjustment of the expenses incurred for earning the rent, the statuto....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....dings or land appurtenant thereto of which the assessee is the owner shall be chargeable to income-tax under the head "Income from house property". Section 23 prescribes the method of determination of the "annual value" for the purpose of section 22, and section 24 enumerates the deductions from income from house property. Sub-section (1) of section 23 indicates that, for the purposes of section 2....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....property" shall, subject to the provisions of sub-section (2), be computed after making the enumerated deductions. In respect of repairs, it is indicated: "(a) where the property is in the occupation of the owner, or where the property is let to a tenant and the owner has undertaken to bear the cost of repairs, a sum equal to one-sixth of the annual value; (b) where the property is in the oc....