The argument of the Delhi Municipal Corporation that in all such cases resort has to be made to the provisions of sub-s. (4) of s. 9 for determination of the standard rent of the premises must be rejected.“The Municipal Corporation of Delhi was intimated that 494 general objections for the year 1980-81 filed by the assessees for the revision of assessment of their properties in accordance with the Supreme Court judgment were considered by the Corporation. If this basic principle is borne in mind, it would avoid wide disparity between the ratable value of similar premises situate in the same locality, where some premises are old premises constructed many years ago when the land prices were not high and the cost of construction had not escalated and others are recently constructed premises when the prices of land have gone up almost 40 to 50 times and the cost of construction has gone up almost 3 to 5 times in the last 20 years. The income earned by the ownership of a property is said to be Income from House property. Sub-s. (2)(b) of s. 6 can have no application where there is no actual letting out and, hence, in the case of premises which are constructed on or after June 9, 1955, and which have never been let out at any time, the standard rent would be determinable on the principles laid down in sub-s. (1)(A)(2)(b) of s. 6. We do not, therefore, think that the assessing authorities were right in taking the view that because the plot of land could not be sold, transferred or assigned except to a member of the cooperative house building society and without the prior consent of the Government, its market price was unascertainable and, hence, the standard rent of the premises could not be determined under sub-ss.
Part 2 of 2 post series for computation under the head 'Income from House Property". of such cost.”“9. 32 of the Constitution, since none of them complains of violation of any fundamental right and ordinarily we would have rejected them straightway without going into the merits, but the parties before us agreed that in view of the fact that these writ petitions involve identical questions as the appeals and the other writ petitions transferred to this Court and those questions would, in any event, have to be determined by us, we should not dismiss these writ petitions on the ground of nonaintainability but should proceed to dispose them of on merits on the assumption that they are maintainable.” The liability of the several owners of any building which is, or purports to be, severally owned in parts or flats or rooms, for payment of property taxes or any instalment thereof payable during the period of such ownership shall be joint and several.”The controversy between the parties centred round the question as to what is the true meaning of the expression “the gross annual rent at which such land or building ……… might reasonably be expected to let from year to year” occurring in the definition in both statutes. Where the taxpayer owns more than one house property for self-occupation, then the income from any one such property, at the option of the taxpayer, shall be computed under the self-occupied property category and its annual value would be NIL. (1)(A)(2)(b) or (1)(B)(2)(b) of s. 6 and had to be assessed only under sub-s. (4) of s. 9. It differs when The appurtenant lands may be in the form of a courtyard or compound forming part of the building. The municipal authorities urged that if it was not penal for the landlord to receive the contractual rent from the tenant, even if it be higher than the standard rent determinable under the provisions of the Rent Act, it would not be incorrect to say that the landlord could reasonably expect to let the building at the contractual rent and the contractual rent could, therefore, be regarded as providing a correct measure for determination of the rateable value of the building.
The writ petitions fall broadly into two categories—one category consisting of writ petitions which were originally filed in the High Court of Delhi but were subsequently transferred to this Court, and the other consisting of writ petitions which were filed directly in this Court. This will alert our moderators to take actionHow to calculate 'income from house property' for income tax purposesIf you have a house/flat that is either rented out or kept vacant you need to know about Copyright © 2020 Bennett, Coleman & Co. Ltd. All rights reserved. This post covers rules of computation of income under different scenario Such a view would fly in the face of the definition of “rateable value” in both statutes and could not possibly have been taken by the Court in this case.
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