this court dated 15.12.2005, in New Delhi Municipal Council vs. The State Trading Corporation of India Ltd. (reported as 2006 (126) DLT 191 ) and has held that after the Punjab Municipal Act, 1911 stood repealed on enactment of the NDMC Act, the New Delhi Municipal Committee House Tax Bye-laws, 1962 became inconsistent with the provisions of the NDMC Act, 1994 and in view of the specific provisions contained in the said statute, which provide for the levy, assessment and collection of property tax, reference need not be made to the said Bye-laws. Holding that the judgment of the High Court dated 15.12.2005 was based on the said Byelaws, which had been knocked down and observing that the provisions of the NDMC Act alone would apply for the purposes of fixation of rateable value, which is based on the rent which can be reasonably fetched by letting out the premises, the Supreme Court directed that the guidelines laid down in the cases of Dewan Daulat Rai Kapoor and Others Vs. New Delhi Municipal Committee and Others reported as (1980) 1 SCC 685 and India Automobiles Ltd. Vs. Calcutta Municipal Corporation and Another reported as (2002) 3 SCC 388 be followed and held that the said fixation shall have to be made only as per the provisions of the NDMC Act and not under the old Bye-laws. 11. In view of the aforesaid position of law, the plea taken by the petitioner/NDMC in the present petition to the effect that Bye-law 12 of the Bye-laws would apply, falls to the ground. The judgment of the Supreme Court in State Trading Corporation (supra) makes it abundantly clear that in cases where the actual rent payable by a tenant to the landlord is available for verification by the Assessing Authority, then unless the said rent is found to be inflated or depressed due to extraneous considerations, the same ought to be accepted. As far as self-occupied properties that are capable of
