1981 (6) TMI 53

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..... otel is entitled to 1/6th for repair. The ITO disallowed it because he said that the repair expenses has been allowed in the hands of the tenant. The AAC refused it on the ground that there is nothing to show that the landlord has undertaken for the repairs. 2. The lease is an oral one. There is no evidence to show that the tenant has undertaken the repairs. It appears that certain witnesses we .....

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..... nant was allowed repair expenditure will not show that the tenant has agreed to repair. This is admittedly a case of oral lease. There is no specific evidence to show that there is any undertaking by the tenant for suffering the cost on repairs. That is the effect of the oral evidence. So the ordinary inference is that the landlord is to be allowed the notional 1/6th for repairs because the eviden .....

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