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2021 (9) TMI 526 - AT - Income TaxIncome from house property - Addition being notional annual lettable value u/s. 22 after allowing 30% standard deduction u/s. 24(a) - whether property in habitable condition? - computation of fair market value of the assessee's property - Assessee before the CIT(A) objected to the comparison between the property of the assessee situated in Sector 18 with a property in Sector-9 and argued that the two were not comparable - HELD THAT:- In the facts of the present case in terms of the statutory remit, the ld. CIT(A) while arriving at the conclusion should necessarily have invited a remand report from the Assessing Officer in view of the fact that the power of remand no longer vested with the said authority. To this extent we find that the submissions of the Revenue relying upon Ground No. 2 raised in the present appeal is supported by the statutory provisions, hence, it has to be allowed and the order has to be set aside. As in the facts of the present case, this is a disputed fact and the specific property is not in a remote village and in a dilapidated condition but in Sector 18 in the midst of the City - the said case on the facts as they stand has no application. While so holding, we clarify that facts are in flux as the issue is being remanded back. We specifically required the ld. AR to address whether he is aggrieved by any specific observation in the impugned order which he would want us to address while remanding the issue back to the ld. CIT(A). The ld. AR was unable to address the query. As the relevant provisions of the Act and the evidences on record, we find that in the facts of the present case, it would be appropriate to set aside the issue back to the file of the CIT(A) with the direction to pass a speaking order in accordance with law after taking into consideration the relevant facts - assessee in his own interests is directed to place full facts and submissions before the said authority in order to facilitate a proper conclusion on facts. Said order was pronounced at the time of virtual hearing itself in the presence of the parties via Webex.
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