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ACIT, CIRCLE 33 (1) , NEW DELHI Versus SH. SUNIL CHOPRA

2015 (10) TMI 1477 - ITAT DELHI

Addition on notional rent from farm house - AO made addition considering rent as receipt from “income from house property” - CIT(A) restricted part addition - Held that:- 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 was not put to the assess .....

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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. The AO in his Remand Report has not per se faulted the ALV fixed by the Municipal Corporation .....

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ear is 2007-08. 2. The effective grounds raised by the Department reads as follows:- 1. On the facts and in the circumstances of the case, the CIT(A) has erred in law and on facts in restricting to ₹ 6,30,000/- out of total addition of ₹ 21,00,000/- made by the Assessing Officer on account of notional rent from farm house. 2. On the facts and in the circumstances of the case, the CIT(A) has erred in law in admitting additional evidence in violation of Rule 46A of the I.T. Rule, 1961. .....

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₹ 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 .....

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Estate Brokers operating in the aforesaid area. The AO, however, rejected the objections raised by the Assessee and fixed the rates @Rs.2.5 lakhs per month and accordingly added a sum of ₹ 21 lakhs as income from house property i.e. from Farm House. 5. The assessee being aggrieved with the order of the Assessing Officer, preferred an Appeal before the Ld. CIT(A). The Ld. CIT(A) rejected the assessee s contention stating that it is not liable to be assessed under the head income from house .....

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ficer and on receipt of the same, accepted the notional rent @ ₹ 75,000/- per month, 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 th .....

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