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Issues:
- Deduction of payment for repairs cess under section 27(4) of the Bombay Buildings Repairs and Reconstruction Board Act, 1969 before arriving at the annual letting value for assessment year 1970-71. Analysis: The judgment pertains to a reference made by the Tribunal at the instance of the assessee regarding the deduction of the payment made for repairs cess under section 27(4) of the Bombay Buildings Repairs and Reconstruction Board Act, 1969. The assessee, an individual, had his assessment for the year 1970-71 completed on January 31, 1973, with a computed net wealth of Rs. 10,38,660, including certain immovable properties mainly let out. The Tribunal noted that the net income from the assessee's three house properties was Rs. 28,176 in the income-tax proceedings. The assessee claimed a further reduction of Rs. 4,840, being his share of tax under section 27(4) of the Act, while estimating the value of the properties. However, the Tribunal held that since the net income computed in the income-tax assessment was not challenged by the assessee, the value of the properties was correctly estimated based on that income. The assessee contended that he was entitled to a deduction under section 24(1)(vii) of the Income-tax Act for any sum paid on account of land revenue or tax levied by the State Government in respect of the property. He argued that this deduction was separate from the deduction allowable for repairs under section 24(1)(i) of the Act. On the other hand, the opposing party argued that the assessee was already allowed a hypothetical deduction for repairs under section 24(1)(i), which exceeded the actual claim made by the assessee. Therefore, reducing the net income further by the actual tax burden suffered by the assessee was unwarranted. The opposing party also supported the multiplier applied to the net income from the property as a sound basis for valuation. The Tribunal rejected the assessee's claim, stating that the assessee did not challenge the computation of net income from the property in the income-tax proceedings. The court highlighted the lack of details regarding the computation of net income, deductions allowed, or actual repairs expenditure incurred by the assessee in the income-tax proceedings. Consequently, the court found no fault in the Tribunal's decision to use the figure of Rs. 28,176 as the net income for applying the multiplier. As a result, the question was answered in the negative, favoring the Revenue, with no order as to costs.
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