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TMI Blog1978 (7) TMI 66X X X X Extracts X X X X X X X X Extracts X X X X ..... ferred for our opinion the following questions : " (i) Whether, on the facts and in the circumstances of the case, the Tribunal was right in saying that the valuers had considered the effect of the provisions of the U.P. Rent Control and Eviction Act in determining the value of the house in dispute? (ii) In any case, whether the view of the valuers and/or the Tribunal that the provisions of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he valuation fixed by the WTO was grossly under-valued. He, therefore, issued a notice for enhancement under sub-s. (5) of s. 23 of the W.T. Act. Thereafter, hearing the assessee, the AAC enhanced the valuation and fixed it at Rs.4,00,000. Being aggrieved by the decision of the AAC, the assessee went up in appeal before the Tribunal. The Tribunal considered it proper to refer the question of the d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1961, March 31, 1964, and March 31, 1965, respectively. According to the assessee, the house is situated at No. 113/8, Swaroop Nagar, Kanpur, and is being used for the residential purpose of the assessee. We have, therefore, to find whether the Tribunal committed any error in fixing the valuation at Rs. 1,40,000. The submission, as already stated above, of the learned counsel for the assessee was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... terion. Since the house had not been tenanted and was being used by the assessee himself who was its owner, for his residential purposes, it does not appear to us that the valuation given in the municipal assessment could be a safe guide for the purposes of determination of the fair market value. Precisely for this reason, the Tribunal had not applied the provisions of the U.P. Rent Control and Ev ..... X X X X Extracts X X X X X X X X Extracts X X X X
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