LIFE INSURANCE CORPORATION OF INDIA v. NEW DELHI MUNICIPAL COMMITTEE
1992-04-23
SUNANDA BHANDARE
body1992
DigiLaw.ai
Sunanda Bhandare, J. ( 1 ) THE two points involved in this writ petitionare : (1) whether the respondent-Committee can revise the assessment in respect of the property tax retrospectively and (2) what should be the rateablevalue for purpose of levying the property tax. ( 2 ) A Full Bench of this Court in Life Insurance Corporation of Indiav. New Delhi Municipal Committee, 1974 RLR Page 499 held that the power ofthe respondent-Committee to revise the rateable value was to be exercisedwithin the same assessment year. The Full Bench judgment of this Court hashowever been upset and reversed by the Supreme Court in the decisionreported in AIR 1977 SC 2134 audit has been held that the respondentcommittee can revise the rateable value for the purpose of house-tax withina reasonable time. ( 3 ) LEARNED Counsel for the petitioner very fairly concedes that thepetition cannot succeed on the first point. On the second question, howeverlearned Counsel for the petitioner submits that in view of the judgment of thesupreme Court in Dr. Balbir Singh s case ( AIR 1985 SC 339 ) the revision ofthe rateable value has to be on the basis of the standard rent. Undoubtedly,the Supreme Court has clarified the matter and the rateable value fixed by therespondent Committee on the basis of increased rent cannot be sustained. Thepetitioner is entitled to succeed on the second question. ( 4 ) IN the circumstances the writ petition is allowed. The matter isremanded back to the respondent-Committee to make assessment in respectof the assessment year in question fixing the rateable value as per the judgmentof the Supreme Court in Dr. Balbir Singh s case. Needless to say that anyrevision to be made would be after notice to the petitioner. No costs.