Itxa/1213/2011 Of The Commissioner Of Income Tax -12 Mumbai v. Tip Top Typography

sbw *1* IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1213 OF 2011 Commissioner of Income Tax-12 ..Appellant -Versus-Tip Top Typography ..Respondent ........... Mr. P. C. Chhotaray for the Appellant. Mr. R. Murlidhar i/b. Rajesh Shah & Co. for the Respondent. ........... CORAM: S.C. DHARMADHIKARIAND B.P. COLABAWALLA, JJ. DATE :- 14[th] August, 2014 P.C.: 1]All these matters are placed before us in furtherance of our earlier order dated 8[th] August, 2014. This Appeal is directed against the order dated 31[st] March, 2010 of the Income Tax Appellate Tribunal in Income Tax Appeal No.1280/M/2009. The Assessment year in question is 2005-06. The Tribunal noted in paras 15 and 16 of the order passed by it, the factual position and held thus:- “15.In the case before us it was claimed before the Assessing Officer that the ratable value fixed by the Municipal Authorities was Rs.39,573/- per annum whereas the actual rent received under section 23(1)(b) was Rs.30,000/- per month i.e. Rs.3,60,000/- per annum which is much higher. Therefore, only actual rent received amounting to Rs.3,60,000/- under section 23(1)(b) should have been assessed as income from house property. 16.The learned counsel for the assessee fairly admitted before us that no evidence was filed before the Assessing Officer regarding rateable value fixed by the Municipal Authorities. Therefore, we set aside the order of the learned CIT(A) and remit the matter back to the file of the Assessing Officer with direction to verify the rateable value fixed by the Municipal Authorities and if the same is less than Rs.3,60,000/- then the actual rent received should be taxed otherwise the matter may be decided in accordance with law. 2]We do not find that our judgment which has been delivered on 8[th ]August, 2014 and which sets out the legal principles in any way holds that in the case of this assessee when the necessary and requisite material was not produced by the revenue still we would be justified in exercising our further Appellate power. Even the Municipal Valuation is not on record. In the event, the Assessing Officer has the same with him or other material referred by us in our judgment which reflects the true or fair market value and he is satisfied that the parties have suppressed the same, he has also all options in law and to apply our judgment. In such circumstances, today in the absence of the requisite material, we cannot entertain this appeal as it does not raises any substantial question of law. It is, therefore, dismissed. No costs. (B.P.COLABAWALLA, J.) (S.C. DHARMADHIKARI, J.) wadhwa