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2018 (1) TMI 895 - AT - Income TaxComputation of House Property Income - determining letting value as per provisions of Section 23(1) (a) in place of provisions of 23(1)(c) - CIT(A)) confirming the addition of deemed gross rent as against the actual casual gross rent received during the short period - Held that:- In case of a property which remained vacant for a part of the year, then Annual Letting Value (ALV) shall be deemed to be the actual rent received by the assessee in case the same is lower than the reasonable rent receivable. In the instant case of assessee, the said office premises were vacant for the major part of the year and the assessee was in receipt of actual rent of ₹ 70,000/-. Accordingly, the annual letting value should be determined u/s. 23(1)c) of the IT Act. Restore the matter back to the file of the AO for deciding afresh as per law after giving due opportunity to the assessee. Appeal of the assessee is allowed for statistical purposes.
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