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2019 (2) TMI 1679 - AT - Income TaxIncome from house property - ALV determination - AO has determined the ALV of the house property on the basis of field report obtained from Inspector of Income Tax as per which the prevailing market rate of rent is higher than the ALV determined by the assessee - HELD THAT:- In this view of matter and consistent with view taken by the Co-ordinate Bench in assessee’s own case for the AY 2012-13 [2018 (12) TMI 1681 - ITAT MUMBAI] which was in turn followed the decision of the Hon’ble jurisdictional High Court in assessee’s own case [2018 (4) TMI 1644 - BOMBAY HIGH COURT] , we are of the view that there is no error in the finding of the Ld. CIT(A) in determining the ALV of house property on the basis of municipal rateable value. Hence, we are inclined to upheld the finding of the Ld. CIT(A) and dismissed the appeal filed by the Revenue. In so far as, appeal filed by the assessee challenging the findings of the Ld. CIT(A) in enhancing the ALV on ad-hoc basis, we find that Co-ordinate Bench has considered similar issue for AY 2012-13 and held that there is no reason for the AO to make ad-hoc enhancement towards ALV determined on the basis of municipal rateable value and hence, we are of the considered view that there is no reason for the lower authorities to enhance ALV on ad-hoc basis. Accordingly, we direct the AO to delete additions made towards ALV of house property on ad-hoc basis, consequently, the appeal filed by the assessee is allowed.
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