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T. S. SIVAGNANAM, HIRANMAY BHATTACHARYYA
Principal Commissioner Of Income Tax, Asansol – Appellant
Versus
Manoj Parmar – Respondent
JUDGMENT :
T.S. Sivagnanam, C.J.
1. This appeal has been filed by the Principal Commissioner of Income Tax, Asansol challenging the order passed by the learned Single Bench in WP No. 756 (W) of 2007 dated 17.03.2023. The appellants/Income tax Department was impleaded as the respondents 2 to 5 in the writ petition. By the impugned order the learned Single Bench allowed the writ petition and directed the appellant Department to disburse to the writ petitioners the arrears of rent to Rs. 2,84,39,242/-in terms of the respondent CPWD revisions of rent for the period from January, 31, 1994 to June 30, 2021 and the payment was directed to be made positively by May 31, 2023 in default the Income Tax Department was directed to pay to the writ petitioner interest on such amount from 1st June, 2023, 16% per annum till the date of disbursement. The Income Tax Department was given liberty to institute a proper civil suit in respect of the money claimed on the alleged Municipal tax arrears and repair and maintenance charges, if incurred by the Income Tax Department, from the writ petitioners. If such a claim is made, the same was directed to be adjudicated in accordance with law by the competent c
Writ jurisdiction can address contractual disputes involving the State if no serious factual disputes exist, ensuring the State honors its obligations.
The CPWD rates, as per the Manual on Infrastructure of CBDT, are merely advisory, but the Chief Commissioner of Income Tax, while fixing the fair rent for the premises lastly, had himself relied on t....
Point of Law : Every State action must be informed by reason and it follows that an act uniformed by reason is per se arbitrary.
Lease agreements govern the terms of rent adjustments over statutory provisions unless explicitly limited by the agreements themselves.
when a suit is filed for eviction of a tenant for being a defaulter in payment of rent, can the tenant thereafter file an application for fixation of rent.
Mere recommendation of Board of Officers, which has not been agreed to by the tenant in this case, does not form a binding contract between landlord and tenant.
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