9911796707
TMI Blog1984 (9) TMI 90X X X X Extracts X X X X X X X X Extracts X X X X ..... ng to him, the title of the property passed on 21-12-1978 on registration. Therefore, the income from house property had to be included up to 21-12-1978. He accordingly, proceeded to determine the assessee's income from house property up to 21-12-1978. 2. The assessee appealed before the Commissioner (Appeals) on one of the grounds being that the income from house property had been computed up to 21-12-1978 on the basis of the registration of the conveyance, though the conveyance for the sale of the property had been executed on 4-8-1978. Having heard the assessee, the Commissioner (Appeals) accepted the assessee's reliance on section 47 of the Indian Registration Act, 1908, that the effect of registration of the transfer deed of the prop ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion. Further, reference is also made to the Supreme Court decision in the case of Hiralal Agrawal v. Rampadarath Singh AIR 1969 SC 244. Further reference is also made to another Supreme Court decision in the case of Ram Saran Lall v. Domini Kuer AIR 1961 SC 1747. Finally the learned counsel for the assessee has relied on the Tribunal's decision in the case of Sir Hirji Cawasji Jehangir v. GTO [1983] 3 ITD 132 (Bom.). At this stage, the attention of the learned counsel was invited to an earlier decision of the Gujarat High Court in the case of Darbar Shivrajkumar v. CGT [1981] 131 ITR 647 where the learned Judges had held that the title of the transferee did not relate back to the date of the execution of the gift deed. The date of the compl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me from property. The earlier decision of the Bombay High Court in the case or Modern Flats (P.) Ltd. is also to the same effect. So also, the Delhi High Court decision in the case of Hans Raj Gupta was relied upon by the learned departmental representative. As to the case law cited on behalf of the assessee, we find that the Gujarat High Court decision in the case of Arundhati Balkrishna is rendered in the context of section 45 of the Act as to when the property was transferred. Further, as stated earlier, this decision does not take into consideration the decision of the same High Court in the case of Darbar Shivrajkumar. Apparently, this is a case in curium. In our opinion, in the circumstances, we have to follow the earlier decision in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e immediately preceding year. 6. The assessee is, therefore, in appeal against this decision of the Commissioner (Appeals) on the ground that the Commissioner (Appeals) erred in upholding the order of the IAC determining the income from house property at Rs. 28,000 as against Rs. 10,615 computed by the assessee. It was the assessee's case that since no rent was received during the year, the annual value of the property under section 23 should be determined by taking the municipal rateable value of the property. Further, it was submitted that because of the Bombay Rents, Hotel Rates and Lodging House Rates (Control) Act, 1944, no property can be reasonably expected to let from year to year above the standard rent. The standard rent should ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the income from property on the basis of standard rent. This is the rent at which the property could be expected to be let out from year to year. The property in the instant case is situated in the city of Bombay, to which the provisions of the Bombay Rents, Hotel Rates and Lodging House Rates (Control) Act would apply. Section 5(1)(10) of this enactment reads as under ; " (10) ' standard rent ' in relation to any premises means--- (a) where the standard rent is fixed by the Court and the Controller respectively under the Bombay Rent Restriction Act, 1939 (Bombay XVI of 1939), or the Bombay Rents, Hotel Rates and Lodging House Rates (Control) Act, 1944 (Bombay VII of 1944) such standard rent or (b) where the standard rent is not so f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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