1982 (5) TMI 2

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....livered by FAIZANUDDIN J.-At the instance of the Commissioner of Income-tax (hereinafter referred to as " the Commissioner ") the Income-tax Appellate Tribunal, Nagpur Bench, Nagpur (hereinafter referred to as " the Tribunal "), has submitted u/s. 256(1) of the I.T. Act, 1961 (hereinafter referred to as " the Act "), a statement of the case for the opinion of this court on the following questio....

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.... the order of the ITO, the Commissioner was of the view that the ITO had erroneously allowed one-sixth deduction for repairs and that the said order was prejudicial to the interests of the Revenue. The Commissioner took action u/s. 263 of the Act. After considering the explanation of the assessee, the contents of the agreement of the lease deed and the letters of the ITO and those of the assessee,....

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....l also clarified that the assessee did not rely on s. 24(1)(i)(b) but the assessee's case was under s. 24(1)(i)(a). It is under these circumstances that the Tribunal has referred the aforesaid question of law for our opinion. A reading of sub-s. (1) of s. 24 of the Act makes it clear that a fixed allowance of a sum equal to one-sixth of the annual value is allowed where the property is either, ....

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....t expenses for the seasonal repairs of the building and the structure, except repairs in case of fire, storms, flood, earthquake or any natural calamity affecting the demised premises. In view of this clear term in the deed of lease, it was not necessary at all to refer to the letters of the ITO seeking clarification or the replies thereto submitted by the assessee or the Calcutta firm in order to....