Kashi Prasad Kataruka v. CIT

101 ITR 810High Court1975#3533 most cited

What is Kashi Prasad Kataruka v. CIT authority for?

The Assessing Officer may determine the annual letting value of a property based on material and evidence on record if the rateable value under municipal laws does not represent the correct fair rent.

33

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2011 to 2022.

Also referred to as

Kashi Prasad Kataruka v. CIT · section 23(1)(a) · section 23 · annual letting value · rateable value · fair rent · municipal valuation · income tax act · property income · assessment officer

Issues it is cited on

section 23(1)(a)section 24(1)tax recovery officersection 23(1)annual letting valueinterest on interestannual valuesection 2(47)section 220section 22section 54fsection 24

Judgments citing Kashi Prasad Kataruka v. CIT

S.P Corporation, Mumbai vs. ACIT RG 11(1), Mumbai

In the result, appeal of the assessee for the Assessment Years

ITA 2596/MUM/2011[2006-07]Status: DisposedITAT Mumbai16 May 2018AY 2006-07

Bench: Shri G.S. Pannu, Hon'Ble & Shri C.N. Prasad, Hon'Ble

For Appellant: Shri Perci PardiwalaFor Respondent: Shri V. Justin
Section 143(3)

…ue under municipal laws does not represent the correct fair rent, then he may determine the same on the basis of material/ evidence placed on record. This view is fortified by the decision of Patna High Court in the case of Kashi Prasad Kataruka v. CIT [1975] 101 ITR 810. The above discussion leads to the following conclusions: (i) ALV would be the sum at which the property may be reasonably let out by a willing lessor to a willing lessee uninfluenced by any extraneous circumstances. (ii) An inflated or deflated rent based on extraneous consideration may take it out of the bounds of reasonableness. (iii) Actual r…

S.P Corporation, Mumbai vs. ACIT RG 11(1), Mumbai

In the result, appeal of the assessee for the Assessment Years

ITA 2595/MUM/2011[2004-05]Status: DisposedITAT Mumbai16 May 2018AY 2004-05

Bench: Shri G.S. Pannu, Hon'Ble & Shri C.N. Prasad, Hon'Ble

For Appellant: Shri Perci PardiwalaFor Respondent: Shri V. Justin
Section 143(3)

…ue under municipal laws does not represent the correct fair rent, then he may determine the same on the basis of material/ evidence placed on record. This view is fortified by the decision of Patna High Court in the case of Kashi Prasad Kataruka v. CIT [1975] 101 ITR 810. The above discussion leads to the following conclusions: (i) ALV would be the sum at which the property may be reasonably let out by a willing lessor to a willing lessee uninfluenced by any extraneous circumstances. (ii) An inflated or deflated rent based on extraneous consideration may take it out of the bounds of reasonableness. (iii) Actual r…

S.P Corporation, Mumbai vs. ACIT RG 11(1), Mumbai

In the result, appeal of the assessee for the Assessment Years

ITA 2594/MUM/2011[2003-04]Status: DisposedITAT Mumbai16 May 2018AY 2003-04

Bench: Shri G.S. Pannu, Hon'Ble & Shri C.N. Prasad, Hon'Ble

For Appellant: Shri Perci PardiwalaFor Respondent: Shri V. Justin
Section 143(3)

…ue under municipal laws does not represent the correct fair rent, then he may determine the same on the basis of material/ evidence placed on record. This view is fortified by the decision of Patna High Court in the case of Kashi Prasad Kataruka v. CIT [1975] 101 ITR 810. The above discussion leads to the following conclusions: (i) ALV would be the sum at which the property may be reasonably let out by a willing lessor to a willing lessee uninfluenced by any extraneous circumstances. (ii) An inflated or deflated rent based on extraneous consideration may take it out of the bounds of reasonableness. (iii) Actual r…

ACIT - 1(1)(1), Mumbai vs. Cyrus Investments Pvt. Ltd. (Formerly Cyrus Investments Ltd.), Mumbai

In the result , appeal of the Revenue is partly allowed as indicated above

ITA 6414/MUM/2016[2012-13]Status: DisposedITAT Mumbai09 May 2018AY 2012-13

Bench: Shri C.N Prasad & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No.6414/Mum/2016 (नििाारण वर्ा / Assessment Year : 2012-13) Assistant Commissioner Of बिाम/ M/S Cyrus Investments Income-Tax-1(1)(1) Private Limited 579, Aayakar Bhawan Esplanade House, Fort V. M K Road, Mumbai-400020 Mumbai-400002 स्थायी ऱेखा सं./ Pan : Aaacc2880P (अपीऱाथी /Appellant) (प्रत्यथी / Respondent) ..

For Appellant: Shri BeharilalFor Respondent: Shri Rajat Mittal (DR)
Section 143(3)Section 14ASection 68

…lue under municipal laws does not represent the correct fair rent, then he may determine the same on the basis of material/evidence placed on record. This view is fortified by the decision of Patna High Court in the case of Kashi Prasad Kataruka v. CIT (1975) 101 ITR 810. The above discussion leads to the following conclusions: (i) ALV would be the sum at which the property may be reasonably let out by a willing lessor to a willing lessee uninfluenced by any extraneous circumstances. I.T.A. No.6414/Mum/2016 (ii) An inflated or deflated rent based on extraneous consideration may take it out of the bounds of reas…

ITO, Ward-36(1), Kolkata vs. Sri Raghu Nandan Modi, Kolkata

In the result, Revenue’s appeal is dismissed

ITA 2186/KOL/2014[2010-2011]Status: DisposedITAT Kolkata02 Jun 2017AY 2010-2011

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmed

Section 133(6)Section 143(3)Section 17(2)Section 2(24)(iv)Section 28

…ing on the AO, if the AO can show that rateable value under the municipal law does not represent the correct fair rent. In coming to the above conclusion, the Bench has followed the decision of the Patna High Court in the case of Kashi Prasad Katarvka Vs. CIT 101 ITR 810 (Patna). We find that the Bombay High Court which is the jurisdictional High Court has held that the rateable value under the municipal law has to be adopted as annual value u/s.23(1)(a) of the Act and therefore the decision in the case of Makrupa Chemicals (supra) to the contrary cannot be followed. Further In para-13 of its decision in the case…

Mrs. Rashmi Dhariwal, New Delhi vs. ACIT, New Delhi

In the result ground No. 11 and 12 of the appeal of the assessee are allowed accordingly

ITA 2900/DEL/2014[2008-09]Status: DisposedITAT Delhi10 Apr 2017AY 2008-09

Bench: Shri H.S.Sidhu & Shri Prashant Maharishirashmi Dhariwal, Vs. Acit, Aashray Farms, Sub Po, Circle-23(1), Sawan Public School, Bhatti New Delhi Mines, Asola Village, New Delhi Pan:Aappd9702P (Appellant) (Respondent)

For Appellant: Sh. Ved Jain, AdvFor Respondent: Sr. FR Meena, Sr. DR
Section 23

…lue under municipal laws does not represent the correct fair rent, then he may determine the same on the basis of material/evidence placed on record. This view is fortified by the decision of Patna High Court in the case of Kashi Prasad Kataruka v. CIT [1975] 101 ITR 810 . 18. The above discussion leads to the following conclusions : "(i)ALV would be the sum at which the property may be reasonably let out by a willing lessor to a willing lessee uninfluenced by any extraneous circumstances, (ii)An inflated or deflated rent based on extraneous consideration may take it out of the bounds of reasonableness, (iii)Actu…

Vishwanath Acharaya, Mumbai vs. Asst CIT 11(1), Mumbai

In the result, the appeal filed by the assessee company is partly allowed for statistical purpose

ITA 7976/MUM/2011[2007-08]Status: DisposedITAT Mumbai16 Dec 2015AY 2007-08

Bench: Shri Joginder Singh & Shri Ramit Kocharआयकर अपील सं./I.T.A. No. 7976/Mum/2011 ("नधा"रण वष" / Assessment Year : 2007-08)

For Respondent: Shri B. Yadagiri
Section 143(2)Section 143(3)Section 68

…alue under municipal laws does not represent the correct fair rent, then he may determine the same on the basis of material/evidence placed on record. This view is fortified by the decision of Patna High Court in the case ofKashi Prasad Kataruka v. CIT [1975] 101 ITR 810. The above discussion leads to the following conclusions: (i) ALV would be the sum at which the property may be reasonably let out by a willing lessor to a willing lessee uninfluenced by any extraneous circumstances. (ii) An inflated or deflated rent based on extraneous consideration may take it out of the bounds of reasonableness. (iii) Ac…

The Commissioner of Income Tax vs. M/S Fizz Drinks Ltd

The appeals stand disposed of as directed above

ITA - 412 / 2005HC Delhi23 Nov 2011
For Appellant: Ms Suruchi Aggarwal, AdvocateFor Respondent: Mr Prakash Kumar, Advocate
Section 23Section 260

…municipal laws does not represent the correct fair rent, then he may determine the same on the basis of material/evidence placed on record. This view is fortified by the decision of the Patna High Court in the case of Kashi Prasad Kataruka v. CIT (1975) 101 ITR 810.” 7. In view of this decision of the Full Bench in the case of CIT v. Moni Kumar Subba (supra), in the present case, the standard rent cannot be taken as a point of reference for determining the annual letting value of the property in question inasmuch as the same is outside the purview of the Delhi Rent Control Act, 1958. We find that…

The Commissioner of Income Tax vs. M/S Fizz Drinks Ltd

The appeals stand disposed of as directed above

ITA - 638 / 2005HC Delhi23 Nov 2011
For Appellant: Ms Suruchi Aggarwal, AdvocateFor Respondent: Mr Prakash Kumar, Advocate
Section 23Section 260

…municipal laws does not represent the correct fair rent, then he may determine the same on the basis of material/evidence placed on record. This view is fortified by the decision of the Patna High Court in the case of Kashi Prasad Kataruka v. CIT (1975) 101 ITR 810.” 7. In view of this decision of the Full Bench in the case of CIT v. Moni Kumar Subba (supra), in the present case, the standard rent cannot be taken as a point of reference for determining the annual letting value of the property in question inasmuch as the same is outside the purview of the Delhi Rent Control Act, 1958. We find that…

The Commissioner of Income Tax vs. M/S Fizz Drinks Ltd

The appeals stand disposed of as directed above

ITA/638/2005HC Delhi23 Nov 2011
For Appellant: Ms Suruchi Aggarwal, AdvocateFor Respondent: Mr Prakash Kumar, Advocate
Section 23Section 260

…municipal laws does not represent the correct fair rent, then he may determine the same on the basis of material/evidence placed on record. This view is fortified by the decision of the Patna High Court in the case of Kashi Prasad Kataruka v. CIT (1975) 101 ITR 810.” 7. In view of this decision of the Full Bench in the case of CIT v. Moni Kumar Subba (supra), in the present case, the standard rent cannot be taken as a point of reference for determining the annual letting value of the property in question inasmuch as the same is outside the purview of the Delhi Rent Control Act, 1958. We find that…

The Commissioner of Income Tax vs. M/S Fizz Drinks Ltd

The appeals stand disposed of as directed above

ITA/412/2005HC Delhi23 Nov 2011
For Appellant: Ms Suruchi Aggarwal, AdvocateFor Respondent: Mr Prakash Kumar, Advocate
Section 23Section 260

…municipal laws does not represent the correct fair rent, then he may determine the same on the basis of material/evidence placed on record. This view is fortified by the decision of the Patna High Court in the case of Kashi Prasad Kataruka v. CIT (1975) 101 ITR 810.” 7. In view of this decision of the Full Bench in the case of CIT v. Moni Kumar Subba (supra), in the present case, the standard rent cannot be taken as a point of reference for determining the annual letting value of the property in question inasmuch as the same is outside the purview of the Delhi Rent Control Act, 1958. We find that…

Commissioner of Income Tax vs. Miracle Exporters Pvt Ltd

ITA - 1034 / 2010HC Delhi30 Mar 2011

…e under municipal laws does not represent the correct fair rent, then he may determine the same on the basis of material/ evidence placed on record. This view is fortified by the decision of Patna High Court in the case of Kashi Prasad Kataruka v. CIT [1975] 101 ITR 810. 17. The above discussion leads to the following conclusions: ![](_page_22_Picture_1.jpeg) - (i) ALV would be the sum at which the property may reasonably let out by a willing lessor to a willing lessee uninfluenced by any extraneous circumstances, - (ii) An inflated or deflated rent based on extraneous consideration may take it out of the bou…

Commissioner of Income Tax Delhi Central III vs. Moni Kumar Subba

ITA - 499 / 2008HC Delhi30 Mar 2011
Section 143(1)

…nder municipal laws does not represent the correct fair rent, then he may determine the same on the basis of material/ evidence placed on record. This view is fortified by the decision of Patna High Court in the case of Kashi Prasad Kataruka v. CIT [1975] 101 ITR 810. 17. The above discussion leads to the following conclusions: 2011:DHC:1947-DB (i) ALV would be the sum at which the property may be reasonably let out by a willing lessor to a willing lessee uninfluenced by any extraneous circumstances, (ii) An inflated or deflated rent based on extraneous consideration may take it out of the…