1991 PLP 78 (PTD)
COMMISSIONER OF INCOME-TAX Versus K.K. DHANDA (HUF)
| Citation | 1991 PLP 78 (PTD) |
| Forum / Court | Punjab and Haryana High Court (India) |
| Bench Members | Gokal Chand Mital and S.S. Sodhi, JJ |
| Parties | COMMISSIONER OF INCOME-TAX Versus K.K. DHANDA (HUF) |
| Primary Law | Income-tax |
Q1: What are the key laws and sections cited in 1991 PLP 78 (PTD)?
This judgment primarily cites: Income-tax as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1991 PLP 78 (PTD)?
The case was heard and decided by the Punjab and Haryana High Court (India) bench comprising: Gokal Chand Mital and S.S. Sodhi, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1991 PLP 78 (PTD) (COMMISSIONER OF INCOME-TAX Versus K.K. DHANDA (HUF)). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
House property
Self-occupied house property
Determination of annual value
Set off of loss relating to assessment year against income from other sources is allowable. A reading of the provisions of the Explanation to subsection (2) of section 23 of the Indian Income-tax Act, 1961, leaves no manner of doubt that the applicability of the second proviso to section 23(1) of the Act clearly stands excluded by the expression "nothing contained in that proviso shall apply in computing the annual value of that residential unit". By the Explanation, the applicability of the second proviso to section 23(1) is excluded not only for the limited purpose of computing the annual value of that residential unit but also for other purposes. Held, accordingly, that the Appellate Tribunal was right in law in allowing the set off of loss relating to house property claimed in the assessment year 1974-75 against income from other sources. Ashok Bhan and Ajay Mittal for the Commissioner. Bhagirath Dass and Ramesh Kumar for the Assessee.
Judgment & Decree
S.S. SODHI, J.--The point at issue here pertains to the setting off of the loss relating to house property against income from other sources. The question of law referred for the opinion of this Court, in this behalf, being: "Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is right in law in allowing the set off of loss of Rs. 11,839 relating to house property claimed in the assessment year 1974 75?" The question posed has been raised in the context of a self-occupied house and, therefore, the answer to it depends upon the interpretation of the provisions of subsection (2) of section 23 of the Income-tax Act, 1961 (hereinafter referred to as "the Act"). A reading of the provisions of the Explanation to this subsection leaves no manner of doubt that the applicability of the provisions of the second proviso to section 23(1) of the Act clearly stands excluded by the expression "nothing contained in that proviso shall apply in computing the annual value of that residential unit". There is clearly no warrant for accepting the contention of counsel for the Revenue that by this Explanation to subsection (2) of section 23, the applicability of the second proviso to section 23(1) is excluded only for the limited purpose of computing the annual value of residential unit but not for other purposes. On a plain reading of the relevant statutory provisions, therefore the question referred has clearly to be answered in the affirmative, in favour of the assessee and against the Revenue. This reference is disposed of accordingly. There will, however, be no order as to costs. Z.S./784/T Question answered in affirmative.