Appeal from the High Court of judicature, Bombay, in a reference under section 66 of the Indian Income tax Act, 1022.
APPELLATE JURISDICTION Civil Appeal No.
For the assessment year 1940 41 the net income of the assessee under the head property was companyputed by the Income tax Officer in the sum of Rs.
1,22,675 as municipal property tax and Rs.
The High Court answered all the three questions in the negative and hence this appeal.
The assessee companypany is an investment companypany deriving its income from properties in the city of Bombay.
LXVI of 1949.
M. Munshi N. P. Nathvani, with him , for the appel lant.
The judgment of the Court was delivered by MEHR CHAND MAHAJAN J. This is an appeal against a judgment of the High Court of Judicature at Bombay in an income tax matter and it raises the question whether munici pal property tax and urban immoveable property tax payable under the relevant Bombay Acts are allowable deductions under section 9 1 iv of the Indian Income tax Act.
C. Setalvad, Attorney General for India H. J. Umrigar, with him , for the respondent.
The companypany had paid during the relevant year Rs.
6,21,764 after deducting from gross rents certain payments.
May 26.
