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Commissioner Of Income Tax, Delhi Iii vs Moni Kumar Subba on 16 August, 2010 cites

Sir Sobha Singh & Sons (P) Ltd. vs New Delhi Municipal Council on 1 July, 1996

"5.1Incidentally, we may refer to yet another Division Bench decision of this Court in Sir Sobha Singh & Sons Pvt. Ltd. Vs. Ndmc, 1996 4 Ad Del 56. The D.B. has observed (vide para 24) :- "If any property forms subject matter of contractual rent then the rate of rent agreed upon between the parties and which was being actually paid by the tenant and received by the landlord can safely be accepted as determining factor of rateable value unless there be material available to hold the rate of rent having been influenced or depressed by reason of extraneous consideration such as fraud, collusion, relationship, expectation of some other benefit etc." The court has noticed some of the instances which might have contributed to depression of rent. To wit -- (1) The landlord has collected huge amount as "Pagri" and is charging nominal rent. (3) The landlord collects huge amounts as interest-free security and lets out the premises at nominal rent with permission to sub-let. The tenant, after taking over possession, lets out the premises at exorbitant rent. (4) The premises are let out to a sister concern at low rent with permission to sub-let, and the sister concern lets out the premises for huge amounts. In the operative part of the order one of the directions made by the Court while directing Assessing Authority to make the assessment afresh is :- Apart from ITA No. 803/2007, ITA No.499/2008 & ITA No.1113/2008 Page 15 of 17 such other information which the assessing authority may be inclined to collect and such enquiry as the Assessing Authority may deem fit to hold, in particular the assessing authority shall enquire :- xxxxxxxxx (ii) whether there is any reason to hold the actual rate of rent applicable between the landlord and the tenant either inflated or depressed by reason of extraneous considerations which would justify the assessing authority discarding such rate of rent for the purpose of finding out the rate of rent at which the premises may be reasonably expected to let.
Delhi High Court Cites 19 - Cited by 13 - R C Lahoti - Full Document
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