Law: Income Tax Act, 1922

Section: 9(2),66(2)

Income-tax Act, 1922 -- Sections 9(2), 66(1) --Reference -- Question not accurately and correctly framed -- Question attributing to Tribunal's view not expressed in the order -- Whether referable to High Court -- Held no --Valuation of annual rental of property by Municipal or Excise and Taxation authority not available at time of assessment of income -- Income-tax Officer upon taking other factors into consideration determining annual letting value of property -- Valuation by Municipal and Excise and Taxation authorities also becoming available at time of appeal before Tribunal -- Tribunal setting aside assessment and directing determination of annual letting value afresh by assessing officer after considering valuation by Municipal and Excise and Taxation authorities -- Question sought to be referred: "whether, in circumstances, Income-tax Officer within his right to determine bona fide annual letting value of property independently" -- Refusal of Tribunal to refer such inaccurate question to High Court -- Held, just and cannot be disturbed -- Income from property -- Annual letting value of property -- Rent assessed by Municipal bodies -- Only a piece of prima facie evidence of annual letting value -- JUDGMENT The judgment of the count was delivered by QADEER-UD-DIN AHMAD J.--This is an application under sub-section (2) of Section 66 of the Income-tax Act, 1922 containing a request that the Income-tax Appellate Tribunal be directed to state and refer to this Court the two questions which were framed by the Department, but were not referred to this Court by the Tribunal. The questions are as follows: (1) Whether the Income-tax Officer is within his right to determine the bona fide annual letting value of the property independently under Section 9(2) of the Income-tax Act in the absence of Municipal and Excise and Taxation Authority's valuation, and (2) Whether on the facts and in the circumstances of the case, the Tribunal was legally justified in coming to the conclusion that the annual letting value of Rs. 7,680 and Rs. 8,400 for 1958-59 and 1959-60 respectively is fair in this case." 2. While declining to refer the above questions to this Court, the…

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