Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Income Tax Act by order dated 2 5. 06.1988 1961 - Deduction of lease rent - Claim for - In the instant case State Government fixed lease rent of demised land payable by respondent-assessee to the State Government |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Income Tax Act, 1961 - Deduction of lease rent - Claim for - In the instant case, by order dated 25. 06.1988, State Government fixed lease rent of demised land payable by respondent-assessee to the State Government - Respondent objected to the fixation of lease rent - By order dated 7.11.1991, State Government rejected the respondents objection - Claim for deduction in respect of lease rent for assessment year 1992-93 -Entitlement-Held: The questions which arose for consideration were as to whether the fixation of rent and its payment was statutory or contractual and, if so, its effect while claiming deduction under the Act and, if so, in which year of assessment - These are mixed questions of law and fact - In view of nature of issue involved, it is held just and proper to remand ยท the case to Tribunal for deciding the issue a fresh on merits. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2017 INSC 761 |
Petitioner | Commissioner Of Income Tax Cochin |
Respondent | Mis Travancore Cochin Udyoga Mandal |
SCR | [2017] 7 S.C.R. 551 |
Judgement Date | 2017-08-17 |
Case Number | 2015 |
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