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2020 (2) TMI 1477 - AT - Income TaxIncome from house property - determination of annual letting value (ALV) of the premises owned by the assessee that remained vacant - HELD THAT:- The assessee is the owner of certain premises in a housing complex which remained vacant during the year under consideration - in the return of income filed for the impugned assessment year, the assessee offered income from such house property by determining the ALV under section 23 of the Act as per MRV. AO has determined the ALV on the basis of rent received by the assessee in the assessment year 2015–16. Commissioner (Appeals) has directed the Assessing Officer to re–compute the ALV by taking the MRV as the base and increase it by 5% every year. Commissioner (Appeals) while giving such direction has followed the order passed by him in case of Smt. Laxmi Satyapal Jain, one of the family members - while deciding the issue in case of the aforesaid family member, the Tribunal in the order referred to above has disagreed with the aforesaid decision of learned Commissioner (Appeals) and directed the Assessing Officer to determine the ALV as per MRV. As respectfully following the aforesaid decisions of the Tribunal in assessee’ own case as well as in case of other family members, we direct the Assessing Officer to determine the ALV of the vacant flat as per MRV. In case, it is found that ALV determined by the assessee is as per MRV, the same should be accepted. Grounds are allowed.
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