Commissioner Of Income Tax vs K.N. Modi
1992 Latest Caselaw 621 Del

Citation : 1992 Latest Caselaw 621 Del
Judgement Date : 29 October, 1992

Delhi High Court

Commissioner Of Income Tax vs K.N. Modi on 29 October, 1992

Author: B Kirpal

Bench: B Kirpal, P Bahri

JUDGMENT

B.N. Kirpal, J.

1. In respect of asst. yrs. 1970-71 to 1972-73 the Tribunal has referred the following question of law to this Court :

"Whether, on the facts and in the circumstances of the case the Tribunal was right in directing that the value of perquisite in respect of resident accommodation be limited to the value fixed by the prescribed authority under s. 9 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 for the asst. yrs. 1970-71 to 1972-73 ?"

2. It is common ground that this question is similar to the one which is referred in the case of CIT vs. M. K. Modi (IT Ref. No. 49 of 1983). Vide separate judgment delivered today in the said case the question of law has been answered in favor of the assessed.

3. For the reasons stated in the aforesaid judgment the question of law in the present case in answered in the affirmative and in favor of the assessed.

4. There will be no order as to costs.