KANPUR DYEING & PRINTING Co. vs COMMISSIONER OF INCOME-TAX, U. P. — 1976 PTD 36

Citation: 1976 PTD 36

Court: Allahabad High Court

Year: 1969

Decision Date: 1969-08-18

Parties: KANPUR DYEING & PRINTING Co. vs COMMISSIONER OF INCOME-TAX, U. P.

Headnotes

Case cited as 1976 PTD 36

Judgment Text

Court Name: Allahabad High Court Judge(s): V. G. Oak, T. P. Mukherjee Title: KANPUR DYEING & PRINTING Co. vs COMMISSIONER OF INCOME-TAX, U. P. Case No.: Income-tax Misc. Case No, 468 of 1963, Date of Judgment:1969-08-18 Reported As: 1976 PTD 36 Result: Order accordingly JUDGMENT JUDGMENT ' MUKERJEE, J.-This is a case stated under section 66(1) of the Income-tax Act, 1922, hereinafter referred to as the Act. ' The applicant is a private limited company carrying on business in the manufacture of tents, daris and other like materials. For the purpose of its business it requires to maintain godowns, ware- houses, dye-houses, etc. The applicant entered into an agreement of lease effective from the 1st of January, 1958, for a period of ten years taking certain premises on lease for the purpose of its business. Under the terms of the lease the lessors were not bound to carry out any repairs of the leased premises. The deed of lease, dated February 28, 1958, provided that if any structural or other repairs of a substantial character were required, the lessees would have the right to vacate the leased premises in which case they would not be liable to rent thereafter. The relevant clause in the deed of lease is clause (4) which runs as follows : "That the lessee company will at all times maintain the demised premises in a good tenantable condition (accidents by tempest or earthquake or an act of God or act beyond the control of the lessee exempted) and shall carry out annual…

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