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M.K.SARKAR, M.A.BAKSHI, C.L.SETHI
Joint Commissioner of Income-tax – Appellant
Versus
Poddar Projects Ltd. – Respondent
Per Shri C.L. Sethi, J.M. - This Special Bench has been constituted under section 255(4) on the recommendation of the Division Bench of the Tribunal for considering the issue as to whether, on the facts and in the circumstances of the case, the surcharge on the municipal taxes recovered by the owner of the premises from tenants is to be taxed as part of the rent recovered for the purpose of determination of income from house property.
2. The relevant facts briefly stated are that the assessee company had disclosed income from various sources including business and house property in the relevant assessment year under consideration. The assessee company was having 1/3rd ownership in building known as ‘Poddar Court’ at 18, Rabindra Sarani, Kolkata prior to assessment year 1997-98, the other 2/3rd part being owned by Poddar Udyog Ltd. Subsequently, by scheme of arrangement sanctioned by Hon’ble High Court at Calcutta, the assessee became approximately 50 per cent owner of the said building from assessment year 1997-98 onwards. Since Land & Building were standing in the name of Poddar Udyog Ltd., all formalities relating to municipal assessment, building and collection of rent from
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