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Laxmi Finance And Leasing Companies ... vs Deputy Commissioner Of Income Tax ... on 29 August, 2024
cites
M/S. Shree Lakshmi Finance ... vs Deputy Commissioner Of Income- Tax, ... on 19 July, 2019
M/s. Laxmi Finance Vs. Deputy Commissioner of
And Leasing Income Tax-23(1)
Company Co-op Room No.511, Fifth Floor,
Society Ltd. Piramal Chambers,
Laxmi Towres, Lalbaug
Plot C-25 Maharashtra-400 012
BKC, Bandra East
Maharashtra-400
051
PAN/GIR No.AAAJL0006F
(Appellant) .. (Respondent)
Assessee by Shri Madhur Agrawal
Revenue by Shri Manoj Kumar Sinha
Date of Hearing 29/08/2024
Date of Pronouncement 29/08/2024
आदे श / O R D E R
PER BENCH:
Sachin R. Tendulkar, Mumbai vs Dcit 23(3), Mumbai on 10 August, 2018
4.5. We find that the ld. AR placed reliance on the decision of
this Tribunal in the case of Sachin R Tendulkar vs. DCIT
reported in 172 ITR 266 and in the case of Somu Realtors Pvt.
Ltd., vs. DCIT reported in 173 ITR 82 wherein it was held that
in respect of vacant properties annual value need to be
determined in accordance with Section 23(1)(c) of the Act if
property remains vacant for the whole of the year.
Sri Vivek Jain, Kolkata vs Acit, Cir-37, Kolkata, Kolkata on 18 August, 2017
4.6. Per contra, the ld. DR placed reliance on the decision of the
Hon‟ble Andhra Pradesh High Court in the case of Vivek Jain
vs. ACIT reported in 14 Taxmann.com 146. When the Bench
confronted the ld. AR as to whether there is any other High
Court decision contrary to the decision of the Hon‟ble Andhra
Pradesh High Court quoted by the ld. DR, the ld. AR answered
in negative.
M/S. Sneh Enterprises vs Commnr. Of Customs, New Delhi on 8 September, 2006
6.7. The ld. DR also pointed out that the decision of Mumbai
Tribunal in the case of Hatkesh Co-operative Housing Society
Ltd., relied upon by the ld. CIT(A) in ITA Nos. 494-
500/Mum/2011 dated 04/09/2013 has been subsequently
reversed by the Hon‟ble Bombay High Court reported in 75
Taxmann.com 39. The Revenue had preferred a Special Leave
Petition against the said decision before the Hon‟ble Apex Court
and the same has been admitted by the Hon‟ble Supreme
Court which is reported in 84 Taxmann.com 240.
Gurudevdatta Vksss Maryadit & Ors vs State Of Maharashtra & Ors on 22 March, 2001
12. The construction placed on section 23(l)(c), by Sri B.
Chandrasen Reddy, learned counsel for the petitioner, that
if there is an intention to let out the property during the
relevant year, coupled with efforts being made for letting it
out, it must be held the property is let, would necessitate
reading words into section 23(1)(c) which do not exist. The
words "where the property is let" cannot be read as
10
ITA No.4232/Mum/2023 & others
M/s. Laxmi Finance and Leasing
Company Co-operative Society Ltd.,
"where the property is intended to be let". The provisions
of a tax statute must be strictly construed. The words of a
statute must be understood in their natural, ordinary or
popular sense and construed according to their
grammatical meaning. Gurudevdatta VKSSS
Maryadit v. State of Maharashtra [2001] 4 SCC 534. The
Legislature may be safely presumed to have intended
what the words plainly say.
Bhaiji vs Sub Divisional Officer, Thandla & Ors on 16 December, 2002
- Bhaiji v. Sub-Divisional
Officer, Thandla [2003] 1 SCC 692. The intention of the
legislation must be found in the words used by the
Legislature itself. The question is not what may be
supposed and has been intended but what has been said
Gursahai Saigal vs Commissioner Of Income-Tax, Punjab on 31 August, 1962
It has even been said that "if the provision is so
wanting in clarity that no meaning is reasonably clear, the
courts will be unable to regard it as of any effect -
Gursahai Saigal v. CIT [1963] 48 ITR 1 (SC); Cape Brandy
Syndicate v. IRC [1921] 1 KB 64 ; Bethlehem Hospital In re
[1875] L.R. 19 Eq 457; A.V. Fernandez v. State of
Kerala 1957 SCR 837 ; IRC v. Bladnoch Distillery Co.
Ltd. [1948] 1 All ER 616 ; CST v. Modi Sugar Mills
Ltd. [1961] 12 STC 182 (SC); CIT v. V. MR. P. Firm,
Muar, AIR 1965 SC 1216 ; CED v. Kantilal
Trikamlal [1976] 105 ITR 92 (SC); Aphali Pharmaceuticals
Ltd. v. State of Maharashtra [1989] 4 SCC 378
; Baidyanath Ayurved Bhawan (P.)
A. V. Fernandez vs The State Of Kerala on 2 April, 1957
IRC v. Duke of Westminster [1936] AC 1 (HL), A.V.
Fernandez's case (supra) Saraswati Sugar
Mills v. Haryana State Board [1992] 1 SCC 418). The
meaning and intention of a statute must be collected from
the plain and unambiguous expression used therein rather
11
ITA No.4232/Mum/2023 & others
M/s. Laxmi Finance and Leasing
Company Co-operative Society Ltd.,
than from any notions which may be entertained by the
court as to that is just or expedient. The expressed
intention must guide the court.
Cst, Delhi vs Indian Sugar Exim Corpn. Ltd on 28 February, 2011
It has even been said that "if the provision is so
wanting in clarity that no meaning is reasonably clear, the
courts will be unable to regard it as of any effect -
Gursahai Saigal v. CIT [1963] 48 ITR 1 (SC); Cape Brandy
Syndicate v. IRC [1921] 1 KB 64 ; Bethlehem Hospital In re
[1875] L.R. 19 Eq 457; A.V. Fernandez v. State of
Kerala 1957 SCR 837 ; IRC v. Bladnoch Distillery Co.
Ltd. [1948] 1 All ER 616 ; CST v. Modi Sugar Mills
Ltd. [1961] 12 STC 182 (SC); CIT v. V. MR. P. Firm,
Muar, AIR 1965 SC 1216 ; CED v. Kantilal
Trikamlal [1976] 105 ITR 92 (SC); Aphali Pharmaceuticals
Ltd. v. State of Maharashtra [1989] 4 SCC 378
; Baidyanath Ayurved Bhawan (P.)