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2015 (10) TMI 1477

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..... 12.2005, which is very much reasonable and justified. Therefore, we are of the view that the Ld. CIT(A) was justified in estimating the notional rent of ₹ 75,000/- per month of the aforesaid Farm House, which is based on the ALV fixed by the Municipal Corporation. - Decided against revenue. Admission of additional evidence - Held that:- Additional evidences have been admitted by the Ld. CIT(A) in the interest of natural justice and equity. The additional evidences admitted on record is nothing, but the ALV fixed by the Municipal Corporation, which is an accurate valuation fixed by the Joint Assessor and Collector of MCD, Delhi. After admitting the additional evidences, the Ld. CIT(A) had called for the Remand Report from the AO. Th .....

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..... ment u/s. 143(3) of the I.T. Act was completed on 31.12.2009 fixing the total income at ₹ 55,77,570/-. The AO had made the addition of ₹ 21,00,000/-, considering the same from income from house property i.e. Farm House situated at Jonapur Village, Mehrauli, New Delhi. 4. The brief facts in respect to the addition are as follows:- The Assessing Officer in the course of assessment proceedings noticed that assessee was the owner of a Farm House in Mehrauli, New Delhi and had not shown any income under the head income from house property i.e. from Farm House. Accordingly, AO issued show cause notice to the assessee as to why notional income from Farm House should not be taken @Rs. 3.5 lakhs per month, on the basis of the .....

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..... being the ALV fixed by the Municipal Corporation. 6. The Revenue being aggrieved is in Appeal before us. 7. Ld. Departmental Representative relied on the assessment order. 8. Ld. Counsel of the Assessee on the other hand reiterated the submissions made before the Income Tax Authorities and relied upon the order of the impugned finding of the Ld. CIT(A). 9. We have heard the rival submissions and perused the material on record. We find that the Assessing Officer while fixing the notional rent value at ₹ 2.5 lakhs per month from the Farm House has not given the basis for arriving at the figure. Though, he stated that it is on the basis of the enquiry got conducted by the Inspector of the Ward. The Report of the Inspector wa .....

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