COMMISSIONER OF INCOME TAX Vs. SITA RAM ARVIND KUMAR

JUDGEMENT

(1.) THE petitioner has proposed the following question of law to this Court for being referred to it by the Tribunal :

(2.) THE question involves the determination of the annual letting value of property No. 7/184, Swarup Nagar, Kanpur. The ITO sought to assess the value of the said house at Rs. 23,140. An appeal was filed against this and the AAC came to the conclusion that the correct method of assessing the annual letting value was to determine the standard rent under the provisions of the Uttar Pradesh Urban Building (Regulation, Letting Rent and Eviction) Act 1972. The appellate authority came to the conclusion that S. 3(k) of the said Act applied and reading the said provision with S. 3(f), the annual letting value had, to be the value as assessed or determined by the Nagar Mahapalika. It was found as a fact that the Kanpur Nagar Mahapalika had, in respect of the property in question determined the annual letting value at Rs. 12,000. As the house was self - occupied, the annual letting value to be added in the hands of the assessee had to be one -fifth and this was worked out at Rs. 2,400. Appeal against this was unsuccessful before the Tribunal and, thereafter, when the application under S. 256(1) was dismissed, the present application was filed.