Supreme Court of India · 1998-03-30
EAST INDIA COMMERCIAL CO.PVT. LTD. vs CORPORATION OF CALCUTTA
- Citation / case number
- SC 1982/63393
- Court
- Supreme Court of India
- Petitioner
- EAST INDIA COMMERCIAL CO.PVT. LTD.
- Respondent
- CORPORATION OF CALCUTTA
- Author
- KIRPAL
- Bench
- B.N. KIRPAL A.S. ANAND
Judgment text excerpt
The Supreme Court addressed the determination of annual value under Section 168 of the Calcutta Municipal Act, 1951, emphasizing that the assessment for property tax should be based on fair rent as per the West Bengal Premises Tenancy Act, 1956, rather than actual rent received. The Court held that the landlord cannot expect more than the standard rent as established in Dewan Daulat Rai Kapoor v. New Delhi Municipal Committee (1980) 2 SCR 607. The decision of the Small Causes Court allowing the appellant to present evidence for fair rent was upheld, reinforcing the applicability of the Tenancy Act in such assessments.