TARAPORE AND CO Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THE question referred to us at the instance of the assessee is,

(2.) THE assessee owned a plot known as 'Dhun building' at Mount Road, Madras, which had been let out and from which he realised rental income. THE assessee also received certain sum from the tenants as service charges which were not regarded as part of rent, but as representing the value of the services provided by the assessee to his tenants. THE assessee claimed that those service charges also should be assessed under the head 'income from house property'. It was not in dispute that it was only the amount of the rent received by the assessee which was taken into account for computing the annual value of the building for the purpose of levy of tax.

(3.) THE question referred to us is answered in favour of the revenue and against the assessee.