1981 (8) TMI 1 - SC - Income Tax

Income from House Property -Annual Value - Whether the actual rent received by the assessee or the standard rent under the Delhi Rent Control Act, should be taken to be the annual value of the property within the meaning of s. 23 - held, no

Issues Involved:
1. Determination of the annual value of a building for income tax purposes under the Income-tax Act, 1961, when the building is governed by rent control legislation but the standard rent has not been fixed.
2. Whether the actual rent received or the standard rent under the Delhi Rent Control Act should be taken as the 'annual value' of the property.
3. Whether there was any material on record to justify the Tribunal's decision on the reasonable rent for the property.

Detailed Analysis:

1. Determination of Annual Value under Income-tax Act, 1961:
The primary issue in these appeals was how to determine the annual value of a building for the purpose of chargeability to tax under the Income-tax Act, 1961, when the building is subject to rent control legislation but the standard rent has not been fixed. The court noted that under Section 22 of the Income-tax Act, the annual value of property consisting of any buildings or lands appurtenant thereto, of which the assessee is the owner, shall be chargeable to income-tax under the head "Income from house property". Section 23(1) provides the mode of determination of annual value, stating it should be "the sum for which the property might reasonably be expected to let from year to year."

2. Actual Rent vs. Standard Rent:
The assessee argued that the annual value should be based on the hypothetical amount for which the property might reasonably be expected to let, considering the Delhi Rent Control Act, 1958, which caps the rent at the standard rent determinable under its provisions. The Income Tax Officer (ITO) and subsequent appellate authorities, however, took the view that the actual rent received by the assessee provided the most accurate measure of the annual value. The Tribunal affirmed this view, relying on the decision in M.M. Chawla v. J.S. Sethi, which held that the agreed rent, if legally recoverable, should be considered the standard rent in the absence of its fixation.

3. Legal Precedents and Interpretation:
The court referred to its recent decision in Dewan Daulat Rai Kapoor v. New Delhi Municipal Committee, which dealt with the determination of annual value for house tax purposes under similar statutory definitions. The court held that even if the standard rent has not been fixed, the landlord cannot reasonably expect to receive more than the standard rent determinable under the Rent Act. This principle was applied to interpret Section 23(1) of the Income-tax Act, 1961, which has an identical definition of "annual value."

4. Legislative Approval and Amendment:
The court noted that this interpretation received legislative approval through the Taxation Laws (Amendment) Act, 1975, which amended Section 23(1) to clarify that the annual value should be the sum for which the property might reasonably be expected to let, even if this amount is less than the actual rent received.

5. Determination of Standard Rent:
The court then addressed how to determine the standard rent of the warehouse under the Rent Act for the relevant assessment years. The standard rent for different portions of the warehouse was calculated based on the reasonable cost of construction and the market price of the land, as per the provisions of Section 6 of the Rent Act. The court provided a detailed breakdown of the standard rent for various portions of the warehouse for the assessment years 1969-70 and 1970-71.

6. Final Judgment:
The court concluded that the standard rent determinable under the Rent Act, and not the actual rent received by the assessee, should be taken as the annual value of the warehouse within the meaning of Section 23(1) of the Income-tax Act, 1961. Consequently, the first question was answered in favor of the assessee. Given this conclusion, the second question was not pressed by the assessee and was not addressed. The appeals were allowed to this limited extent, and the revenue was directed to pay the costs of the appeals to the assessee.

Conclusion:
The Supreme Court held that for the purpose of determining the annual value of a property under the Income-tax Act, 1961, the standard rent determinable under the Rent Act should be considered, rather than the actual rent received by the landlord. This judgment aligns with the legislative intent and judicial precedents, ensuring that the annual value reflects a reasonable expectation of rent, capped by rent control regulations.

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