REGENT COMPUTRONICS PVT. LTD.

COMMISSIONER OF INCOME TAX Appellant

V/S

POONJABHAI VANMALIDAS Respondents

Referred Judgements :-

ORIENTAL BANK CORPORATION VS. WRIGHT [REFERRED TO]
CANADIAN EAGLE OIL CO. VS. R. [REFERRED TO]
FREE LANKA INSURANCE CO. LTD. VS. A. M. RANASINGHE [REFERRED TO]
BADRIDAS DAGA VS. COMMISSIONER OF INCOME TAX [REFERRED TO]
BRIHAN MAHARASHTRA SUGAR SYNDICATE LIMITED VS. JANARDAN RAMCHANDRA KULKARNI [REFERRED TO]
CHIEF INSPECTOR OF MINES VS. KARAM CHAND THAPAR [REFERRED TO]
BANARSI DEBI LUXMI NIWAS MOODY VS. INCOME TAX OFFICER DISTRICT IV CALCUTTA:INCOME TAX OFFICER DISTRICT IV CALCUTTA [REFERRED TO]
COMMISSIONER OF INCOME TAX MADRAS VS. EXPRESS NEWSPAPERS LTD [REFERRED TO]
KESORAM INDUSTRIES AND COTTON MILLS LIMITED VS. COMMISSIONER OF WEALTH TAX CENTRAL CALCUTTA [REFERRED TO]
NALINIKANT AMBALAL MODY VS. S A L NARAYAN ROW COMMISSIONER OF INCOME TAX BOMBAY CITY 1 BOMBAY [REFERRED TO]
KALAWATI DEVI HARLALKA VS. COMMISSIONER OF INCOME TAX WEST BENGAL DURGA DEVI [REFERRED TO]
S SANKAPPA VS. INCOME TAX OFFICER CENTRAL CIRCLE II BANGALORE [REFERRED TO]
III INCOME TAX OFFICER MANGALORE VS. DAMODAR BHAT [REFERRED TO]
T S BALIAH VS. T S RANGACHARI INCOME TAX OFFICER CENTRAL CIRCLE VI MADRAS [REFERRED TO]
NEEL ALIAS NIRANJAN MAJUMDAR VS. STATE OF WEST BENGAL [REFERRED TO]
MURARILAL MAHABIR PRASAD VS. B R VAD [REFERRED TO]
KARSANDAS BHAGWANDAS PATEL VS. SHAH G V ITO [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. ARVIND NAROTTAM LALBHAI DALPATBHAI VADA [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. ASSOCIATED COMMERCIAL CORPORATION [REFERRED TO]

JUDGEMENT

(1.) THE assessee in both these cases is the same. The assessment years under reference in IT Ref. No. 129 of 1974 are asst. yrs. 1964 65 and 1965 66 and the assessment year under reference in IT Ref. No. 168 of 1974 is the asst. year 1967 68. Since the principal question which arises for consideration in both the cases is the same, we will dispose of both these matters by this common judgment. In IT Ref. No. 129 of 1974, the question that has been referred to us is as follows :

(2.) IN IT Ref. No. 168 of 1974 the following two questions have been referred to us for our opinion :

(3.) IT is common ground that the point of law raised by question No. (1) in IT Ref. No. 168 of 1974 is covered by the decision of this High Court in CIT vs. Arvind Narottam (1976) 105 ITR 378 (Guj) (IT Ref. No. 52 of 1974, decided on October 6, 1975). There it was held that while calculating the annual letting value of the property in question in the occupation of the owner for the purpose of his residence, municipal taxes have to be deducted. The Tribunal had taken the same view and, therefore in the light of the decision of its Court in CIT vs. Arvind Narottam (supra), question No. (1) in IT Ref. No. 168 of 1974 must be decided in the affirmative, that is, in favour of the assessee and against the Revenue.

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COMMISSIONER OF INCOME TAX Vs. POONJABHAI VANMALIDAS

Referred Judgements :-

JUDGEMENT

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