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2019 (12) TMI 761 - AT - Income TaxIncome from house property - Computation of ALV of the office premises at Balaji Bhavan when the premises were as lying vacant - HELD THAT:- As observed that though the benefit of computing the “ALV‟ u/s 23(1)(c) could not be extended to a case where the property was not let out at all, however the same would duly encompass and take within its sweep cases where the property had remained let out for two or more years, but had remained vacant for the whole of the previous year. When in the case of the present assessee the property under consideration had remained let out for a period of 36 months, and thereafter though could not be let out and had remained vacant during whole of the year under consideration, but had never remained under the self occupation of the assessee, thus, no infirmity emerges from the computation of the “annual value‟ of the said property under Sec. 23(1)(c) by the assessee. Ground of appeal No. 1 and 2 of the assessee are allowed and the determination of the “annual value‟ of the property under consideration viz. Unit No. 401 & 425 of project Balaji Bhavan by the A.O by taking recourse to Sec. 23(1)(a), which thereafter was sustained by the CIT(A), is vacated.
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