1978 (4) TMI 51

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....lhousie Properties Ltd. in the assessment year 1966-67, the relevant previous year having ended on the 31st March, 1966. The facts found and/or admitted in the proceedings are as follows: The assessee is a limited company which owns extensive properties and its income from the rent realised is substantial. In the assessment year in question, the assessee claimed a deduction for Rs. 1,78,784, which....

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....ed a further appeal to the Tribunal. On the basis of a chart filed by the assessee in this appeal showing the details of the municipal tax liability, which was not challenged by the revenue, the Tribunal found that the liability for municipal taxes in the relevant accounting year was Rs. 1,78,784. The Tribunal held that under s. 23 of the I.T. Act, 1961, tax levied by a local authority was to be a....

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.... by any local authority to the extent that the same are borne by the owner. Mr. Pal contended that the word "borne" meant something more than payment in the instant case. He submitted that the owner had not even paid the tax levied and, therefore, it could not be said that he had borne such tax, In support of his contention Mr. Pal cited from Burrows Words and Phrases Judicially Defined, 1943 edn.....

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....revenue clearly showed that the verb " bear" had an entirely different meaning than the word "pay ". It appears to us that the contention of Mr. Pal is without any merit. At the relevant time s. 23 of the I.T. Act, 1961, was as follows: " 23. Annual value how determined.-(1) For the purposes of section 22, the annual value of any property shall be deemed to be the sum for which the property ....