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2021 (12) TMI 542 - ITAT DELHIIncome from house property - determination of ALV of the property - HELD THAT:- As after considering the ALV of ₹ 35,000/- per month which was the benchmark value for FY 2009-10 after the order of the CIT(A) and after considering the incremental rise in rent. We find, the CIT(A) upheld the action of the AO, the reasons of which have already been reproduced in the preceding para - as submission of the ld. Counsel for the assessee that certain additional evidences have not been considered either by the AO or by the CIT(A) which have subsequently come to light and which have a bearing on the facts of the case - we find there is nothing on record to suggest as to what is the fate of the case after the ld. CIT(A) upheld the issue of annual letting value (ALV) of the property during FY 2009-10 by reducing the same to ₹ 35,000/- as against ₹ 40,000/- determined by the AO. Thus finality of such order could not be explained by either side. Further, the fate of the case for AY 2012-13 and prior to that are also not available before us and the ld. Counsel for the assessee could not throw any light on the same. We deem it proper to restore the issue to the file of the AO with a direction to adjudicate the issue afresh and after giving due opportunity of hearing to the assessee. He shall verify the record for the past years and also the various evidences filed by the assessee which were not considered by the CIT(A) as well as the AO and decide the issues as per fact and law - The grounds raised by the assessee are accordingly allowed for statistical purposes.
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