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Smt. Aravapalli Bindhu Versus Income-Tax Officer (International Taxation)

2015 (10) TMI 746 - ITAT BANGALORE

Income from House property - Computation of annual letting value (ALV) in respect of the property at K.K.Nagar Chennai - Held that:- Following the order of the co-ordinate bench of this Tribunal in the case of the wife of the assessee, this issue is set aside to the record of the AO for determination of the ALV in respect of the property in question after considering the property tax record filed by the assessee in terms of the direction given in the order. - Decided in favour of assessee for st .....

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Decided against assessee.

Disallowance of cost of improvement - Held that:- Though assessee has not produced any supporting evidence regarding the expenditure incurred by the assessee on account of improvement of the property in question, however, as pointed out by the learned counsel for the assessee, the property in question was purchased by assessee vide sale deed dated 19-10-1995 and as per the schedule of the property, there is no mention of any construction or any structure on t .....

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s of any construction physically existing on the property in question at the time of sale, in comparison to the state of property at the time of purchase vide sale deed dated 19-10-1995. - Decided in favour of assessee for statistical purpose - IT (IT) A No. 886/Bang/2014 - Dated:- 24-9-2015 - Vijay Pal Rao, JM For the Appellant : Shri Parimal Prasad, CA For the Respondent : Shri G Ramesha, JCIT(DR) ORDER This appeal by the assessee is directed against the order dated 28/5/2014 of the CIT(A)-IV, .....

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affidavit in this regard has been produced. 4. For these and other reasons that may be adduced at the time of hearing, this appeal may be allowed." 3. Ground No.1 is regarding computation of annual letting value (ALV) in respect of the property at K.K.Nagar Chennai. 4. I have heard the learned AR of the assessee as well as the learned departmental representative and considered the relevant material on record. At the outset, it is noted that the assessee is co-owner of the property in questi .....

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of the order as under; "3. It was seen from the return of income that the assessee is the owner of the following property and has estimated the annual let out value of the immovable property as under; Property addresses ALV (a) Property at B-3, II Floor, Krishna garden apartment, Kaval Byrasandra, Bangalore (Co-ownership with Sri Aravapalli Bindu) 24,000 (b) Property at 1933, 5th Cross, Sarakki, Bangalore (C0- ownership with Sri Aravapalli Bindu) 30,000 (c) Property at No.43,39th Cross, 9th .....

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ssessee being Municipal value as under; "The assessee was asked to furnish copies of the returns of assessment of the property submitted to the Municipal/Corporation authorities. The assessee has furnished the copies of the return only in respect of the property at J.P.Nagar and Kaval byrasandra, Bangalore. Hence the assessee's claim relating to these two properties is acceptable keeping in view the judgments relied on by the assessee. However, similar view cannot be taken in respect of .....

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ed the return of the assessment of the property. The claim of the assessee in respect of the property at Jubilee Hills, Hyderabad was rejected by the AO on the ground that the assessee has not produced the proof of Municipal valuation in respect of the said property. The assessee produced the receipt of the property tax as well as the summary of the property tax due demand in respect of the property at Jubilee Hills, Hyderabad before the CIT(A), but the CIT(A) has not considered the Municipal va .....

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ustice, we set aside this issue of determination of annual letting value in respect of the property at Jubilee Hills, Hyderabad to the record of the AO to re-do the exercise of computation of annual let out value, after considering the property tax payment record filed by the assessee. Following the order of the co-ordinate bench of this Tribunal in the case of the wife of the assessee, this issue is set aside to the record of the AO for determination of the ALV in respect of the property in que .....

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allowance claimed by the assessee, we note that the assessee never let out the property at Jubilee Hills, Hyderabad. Therefore, the question of remaining the property vacant during the year for the purpose of vacancy allowance does not arise. Accordingly, the claim of the assessee is devoid of any merit, when the assessee never let out the property in question. Hence, the claim of vacancy allowance is rejected." Accordingly, this ground of the assessee is dismissed. 6. Ground No.3 is regar .....

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