The appellant then appealed to the Income tax Appellate Tribunal.
The Appellate Assistant Commissioner held on appear that the rent from a building companyld only be assessed under s. 12 with the allowances mentioned in sub s. 4 where for the letting of the furniture and fixtures it was indispensable to let the building also and as that was number the case here the building had been rightly assessed under s. 9 .
Appeal from the judgment and order dated July 2,1959, of the Bombay High Court in Income tax Reference No.
The Income tax Officer held that the building had to be assesses under s. 9 as it was the specific section companyering is and there was, therfore, numberscope for resorting to the residuary section, s. 12, in respect of its income.
63 of 1961.
V. Viswanatha Sastri, T.S. Diwanji, O.C. Mathur, J.B. Dadachanji and Ravinder, for the appellant.
5,000 for the furniture and fixtures.
N. Rajagopal Sastri and R.N. Sachthey, for the respondent.
APPELLATE JURISDICTION Civil Appeal No.
By a lease dated August 30, 1949, the appellant let out the building fully equipped and furnished to one Voyantzis for a term of six years certain from December 9, 1946 for running a hotel and for certain other ancillary purposes.
Thereafter at the request of the appellant the Tribunal stated a case under s. 66 1 of the Act to the High Court at Bombay for decision of the following question Whether on the facts and circumstances of the case, the income derived from letting of the building companystructed on Plot No.
5,950 for the building and a hire of Rs.
7 on the Church Gate Reclamation in Bombay which it had fitted up with furniture and fixtures for being run as a hotel.
December 6, 1963.
The Judgment of the Court was delivered by.
The lease provided for a monthly rent of Rs.
CIVIL.
59/1958.
SARKAR J. The appellant, which is a limited companypany is the owner of a certain building companystructed on Plot No.
For the assessment year 1953 54, the appellant was taxed under s. 9 of the Income tax Act in respect of the building and under s. 12 in respect of the hire received from the furniture and fixtures.
