TaxTMI 
TaxTMI 
1982 (8) TMI 40
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....the meaning of s. 23(1) of the Income-tax Act, 1961, and the same was not of the character of income in the hands of the assessee ? 2. Whether, on the facts and in the circumstances of the case, the Tribunal should have held that, in any case, the net excess collection of occupiers' share of the property tax from the tenants in excess of what was made over to the Municipal Corporation was liable to be assessed in the hands of the assessee ? " The facts and circumstances have been set out in the statement of facts and the Tribunal in its order after considering the rival submissions observed as follows : "We have given due consideration to their rival submissions and we are unable to agree with the contentions advanced by the learned depar....
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....er the terms of the lease the occupiers share of tax which the tenant undertook to pay to the Municipal Corporation under cl. 2(c) was something separate and distinct from the rent and the service charges which the tenant undertook to pay to the owner under cl. 2(b) and cl. 2(c) respectively. We do not find anything in s. 23(1) of the I.T. Act, 1961, to support the contention of the learned departmental representative that occupiers' share of the tax is a receipt of income character. It is true that a tenants liability not borne by the owner was not liable to be deducted under the proviso to s. 23(1) in computing the annual value of the property and that a sum determined as the annual-value of the property excluding the amount deductible u....