Law:

Section:

Income-tax---Annual value of property-Held, annual value of property belonging to assessee must be taken to be standard rent of house determinable under provisions of Rent Act and not actual rent received by assessee from tenant-[Dewan Daulat Ram Kapur v. New Delhi Municipal Committee I L R 1 Delhi 363 over-ruled]. Dewan Daulat Ram Kapur v. New Delhi Municipal Committee I L R 1 Delhi 363 overruled. Dewan Daular Rai Kapoor v. New Delhi .Municipal Committee (1980) 122 I T R 700 (S C) ref. Sheila Kaushishi v. C. I. T. (1981) 131 I. T. R. 435 (S C) rel. JUDGMENT P. N. BHAGWATI, J.-These appeals arise out of assessments of the assessee to income-tax for the assessment years 1967-68 to 1971-72. There is a common question of law arising in these appeals and hence they have been consolidated together and are being disposed of by a single judgment. The question arising in these appeals relates to the annual value of a house belonging to the assessee and situate in New Delhi for the purpose of assessment to income-tax under section 22. The I. T. authorities as also the Tribunal, in appeal determined the annual value of the building on the basis of the actual rent received by the assessee in respect of the portion of the house let out to the tenant and on an artificial basis of 10 % of the other total income of the assessee in respect of the portion of the house which was self. occupied. The I. T. authorities and the Tribunal rejected the contention of the assessee that the annual value of the house was liable to be determined with reference to the standard rent determinable under the provisions of the Delhi Rent Control Act, 1958 (hereinafter referred to "the Rent Act"). The assessee thereupon made applications to the Tribunal for reference of the question of law arising out of the order of the Tribunal but the applica­tions for reference were rejected by the Tribunal. The assessee thereupon made applications to the High Court calling for reference from the Tribunal but the High Court also rejected these applications on the ground that the question of law arising out of the order of the Tribunal was concluded by the decision of the Full Bench of the Delhi High Court in…

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