Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2016 (5) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (5) TMI 1085 - AT - Income TaxIncome from House Property - ALV computation - Held that:- Whether the flat was habitable or not during the impugned assessment year is a question of fact and can be determined only after appreciation of evidences for which the authorities below may need to make necessary enquiries to appreciate the entire factual matrix. The computation of ALV is to be based on the provisions of Section 23 of the Act and Hon’ble Bombay High Court in the case of CIT v. Tip Top Typography (2014 (8) TMI 356 - BOMBAY HIGH COURT) has laid down the guidelines with respect there-to. In our considered view interest of justice will be best served if the orders of the authorities below are set-aside and issue is restored to the file of the AO for de-novo determination after considering the evidences and explanation submitted by the assessee in his defense on merits. Needless to say proper and adequate opportunity of being heard will be provided by the AO to the assessee in accordance with the principles of natural justice in accordance with law. We order accordingly. - Decided in favour of assessee for statistical purposes.
|