1990 (6) TMI 64

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.... at the instance of the assessee, the Tribunal has referred to this court only one question of law under section 27(1) of the Wealth-tax Act, 1957. The question reads thus : "Whether, on the facts and in the circumstances of the case, the assessee was entitled to deduct the payment of his share made by him for repairs cess under section 27(4) of the Bombay Buildings Repairs and Reconstruction B....

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....s not annexed to the statement of the case nor is it otherwise made available to us. It is thus not clear whether any claim in that regard was at all made before the Wealth-tax Officer or the Appellate Assistant Commissioner. The Tribunal has, of course, noted that the net income from the assessee's three house properties was taken at Rs. 28,176 in the income-tax proceedings and that the assess....

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.... levied by the State Government in respect of the property. This deduction, according to him, was over and above the deduction allowable in respect of repairs under section 24(1)(i) of the Act. Shri Jetley, on the other hand, stated that the assessee was allowed a hypothetical deduction in respect of repairs under section 24(1)(i) which was far in excess of the claim made by him. Therefore, the ne....

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....sis of the assessee's claim that he was to suffer 10 per cent. of the annual letting value by way of tax under the said Act, it could be reasonably taken that the gross annual letting value of these properties must have been Rs. 48,500. In the absence of details, it is not possible to imagine what deductions were allowed or were not allowed to the assessee in the income-tax proceedings. It is also....