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2020 (9) TMI 253 - ITAT MUMBAIIncome from House property - Annual Lettable Value (ALV) determination - CIT(A) held that Annual Lettable Value (ALV) should be based on Municipal Rateable Value - whether ALV has to be taken as per the deeming provision of section 23(1) - HELD THAT:- As decided in own case [2018 (3) TMI 1876 - ITAT MUMBAI] relying on case of Tip top typography [2014 (8) TMI 356 - BOMBAY HIGH COURT] municipal valuation rate for determining the ALV is also an accepted method of valuation. Hence, AO was directed to compute ALV based on municipal rateable value. - Decided in favour of assessee. Disallowance u/s 40(a)(ia) - non-deduction of TDS at source - assessee had no deducted requisite TDS on the amount credited to the respective expenses account - HELD THAT:- Assessee as well as the learned Sr. Departmental Representative agreed that this issue is squarely covered in favour of the assessee, as the assessee has already deducted TDS and paid to the Government exchequer before filing of return of income and this finding of CIT(A) is not contested before us. This issue has been considered by Tribunal in Assessment Year 2008-09 in assessee’s own case - the issue is covered and it is not in disputed that the assessee has not deducted TDS or paid to the government exchequer before the due date of filing of return of income. In view of this fact, we are of the view that the CIT(A) has rightly deleted he disallowance and we confirm the same. Appeal of Revenue is dismissed.
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