2001 (3) TMI 30

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..... llowing questions set out in paragraph 6, at page 7 of the statement of case : "1. Whether, on the facts and in the circumstances of the case, the amount of Rs. 6,39,971 can be assessed to tax as income ? 2. If the answer is in the affirmative, can it be brought to tax as income under the head 'Other sources' ?" The assessee owns house property at No. 9, Old Post Office Street, Calcutta. The h .....

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..... re the Commissioner of Income-tax (Appeals). The Commissioner of Income-tax (Appeals) has also confirmed the view taken by the Income-tax Officer. In appeal before the Tribunal, the Tribunal has taken the view that sections 22 to 27 constitute a separate code of commutation of the income from the house property and there is no provision in those sections under which this amount can be taxed. No .....

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..... o failed to show any provision under which the amount of Rs. 6,39,971 can be taxed. He fairly admits, that amount cannot be taxed under the provisions of section 41(1) of the Act. When there was no provision for taxing the amount of relief in question, in the subsequent years and that lacuna has been filled up by the amendment in April, 1985, the benefit for which the assessee was entitled as pe .....

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