SANDEEP NARAIN Vs. INCOME TAX OFFICER
INCOME TAX APPELLATE TRIBUNAL
Click here to view full judgement.
U.T. Shah, Judicial Member -
(1.) THE only point involved in this appeal pertains to the assessee's claim for deduction for repairs as contemplated under Section 24(1)(i) of the Income-tax Act, 1961 ("the Act").
(2.) The assessee is an individual and owns certain properties at Faizabad and Lucknow. The assessment year is 1977-78 and the relevant previous year is the financial year ended 31-3-1977.
In the present appeal, we are concerned with the Lucknow property situated at Shah Nazaf Road. The assessee has let out this property to three tenants, namely, Larsen Tubro, Balmer Lawrie and Western Electronics. In this appeal, we are concerned with the portion of the property let out to Balmer Lawrie and Western Electronics. In the lease agreement entered into between the assessee and the said two tenants, the parties have agreed to the following condition regarding the repairs to be carried out by them, respectively.
BALMER LAWRIE & co. LTD.
(f) To carry out repairs of the nature of maintenance such as white washing and oil painting, etc., as and when the lessee desires and thinks fit provided however that the lessor shall be responsible for all major or structural repairs to the demised premises.
WESTERN ELECTRONICS LTD.
(f) To carry out repairs of the nature of maintenance such as whitewashing and oil Painting. etc., as and when the lessee desired and thinks fit provided however that the lessor shall be responsible for all major or structural repairs to the demised premises.
(3.) IN order to better appreciate the rival contentions of the parties, we tabulate below the computation as per the assessee and as per the ITO :
Copyright © Regent Computronics Pvt.Ltd.