9911796707
TMI Blog2002 (11) TMI 64X X X X Extracts X X X X X X X X Extracts X X X X ..... ribunal, war ranting interference under the limited scope of appeal under section 260A of the Act. In our opinion, no question of law much less a substantial question arises from the orders of the Tribunal - - - - - Dated:- 20-11-2002 - Judge(s) : D. K. JAIN., MADAN B. LOKUR JUDGMENT The judgment of the court was delivered by D. K. JAIN J. -These eight appeals by the Revenue under section 260A of the Income-tax Act, 1961 (for short "the Act"), are directed against the orders passed by the Income-tax Appellate Tribunal, New Delhi ("the Tribunal" for short), in I. T. A. Nos. 1209/Delhi of 1996, dated December 19, 2001 ; 6089/Delhi of 1995 and 6090/Delhi of 1995, dated August 2, 2000 ; 6088/Delhi of 1995, dated November 30, 2000 ; 31 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... djustments therein on account of unearned increase payable to the Government computed the annual letting value of the assessee's one fifth share at Rs. 12,22,579 and framed the assessment accordingly. Aggrieved, the assessee preferred appeal to the Commissioner of Income-tax (Appeals). The Commissioner vide his order dated January 6, 1995, pertaining to the assessment year 1991-92, remanded the matter back to the Assessing Officer with the following direction "20. The Assessing Officer is directed to redetermine the annual value of the property in accordance with my findings, he will limit the same to the higher of the following (a) the municipal valuation, (b) the fair rent determinable under the Rent Control Act, and (c) the actual r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by the Revenue is without any basis. We find substance in the stand of learned counsel for the assessee. A bare reading of the afore-extracted directions, leaves no room for any doubt that what is required to be taken into consideration by the Assessing Officer is the rent control legislation, as in vogue at the end of the relevant previous year. In our view, there is no merit in the contention of learned counsel for the Revenue that since the appellate authorities have not referred to the amendment in the said Act, it may be lost sight of by the Assessing Officer. In our opinion, the direction given by the Commissioner (Appeals), affirmed by the Tribunal, is very specific and unambiguous. No fault can be found with the order passed b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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