1988 (11) TMI 32

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....red and not the standard rent to be fixed under any Rent Control Act?" The assessee and his brothers are co-owners of a residential house in Tagore Colony, Mail Road, Amritsar. The house was in self-occupation and was never let out to a tenant for the assessment year 1975-76. The gross annual letting value of half share in the house relating to the assessee was estimated by him at Rs. 3,000 which was enhanced by the Income-tax Officer to Rs. 8,400. On appeal, the Appellate Assistant Commissioner reduced it to Rs. 7,200 and on further appeal by the assessee to the Tribunal, the annual value was maintained. In maintaining the annual value, the Tribunal rejected the argument raised on behalf of the assessee that the annual value has to be d....

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....e on the principles laid down in the Rent Control Act and it cannot exceed such measure of standard rent. The assessing authority would have to arrive at its own figure of the standard rent by applying the principles laid down in the Rent Control Act for determination of standard rent and determine the annual value of the building on the basis of such figure of standard rent." "(i) It is difficult to see how the annual value of a building could vary according as it is tenanted or self occupied. (ii) When the rent control legislation provides for fixation of standard rent, which alone and nothing more than which the tenant shall be liable to pay to the landlord, it does so because it considers the measure of the standard rent prescribe....

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....R 435, as they were between the assessee and the department of income-tax on the precise question as is now before us. In Panna Lal Talwar's case [1980] 125 ITR 152 (P & H), in the question referred for the opinion of this court, it was mentioned whether the Tribunal was right in relying on the decision in M. M. Chawla's case [1970] 2 SCR 390, and this court held that M. M. Chawla's case was of no assistance in determining the matter in issue and after following the decision of the Supreme Court in New Delhi Municipal Committee v. M. N. Soi, AIR 1977 SC 302, expressed the following view (headnote) : "The Income-tax Officer is bound to consider the fair rent determinable under the provisions of the East Punjab Urban Rent Restriction Act, ....