TMI Blog2016 (12) TMI 1298X X X X Extracts X X X X X X X X Extracts X X X X ..... d vacant throughout the previous year would not be assessed under Section 23(1)(c) but under Section 23(1)(a). The annual value would, therefore, be determined notionally as done in the case in hand by the Assessing Officer and concurrently upheld by the Commissioner and the Tribunal.The question of law is, therefore, answered in favour of the Revenue. - Case No. : I. T. A. Nos. 371 to 377 of 2015 - - - Dated:- 23-12-2016 - MR. S. J. VAZIFDAR AND MR. DEEPAK SIBAL, JJ. For The Appellant : Mr. Pankaj Jain, Senior Advocate with Mr. Sachin Bhardwaj, Advocate, and Ms. Divya Suri, Advocate For The Respondent : Mr. Rajesh Katoch, Advocate DEEPAK SIBAL, J. : The present is a bunch of seven appeals, being I. T. A. Nos. 371 to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ning annual value of properties, of which he was found to be the owner, may not be added to his income. The appellant-assessee filed a reply to the notice, on consideration of which, the Assessing Officer found the appellant-assessee to be the owner of the following properties :- 01. Property No. B-7, Preet Vihar, New Delhi. 02. Property No. G-I, Preet Vihar, New Delhi - share. 03. Property Love Dale Apartments Mumbai - share. 04. House Property at Patiala. In the course of the proceedings which ensued, the property at Patiala was treated as self-occupied but since the appellant-assessee was found to own more than one property and in his return, had not shown any deemed income from them, notional rent was determined an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not press before us the issue with regard to the quantum of annual value of the properties in question having been determined by the Assessing Officer, without adopting any reasonable criteria. It was argued that since the afore-referred three properties one in Mumbai and two at Delhi had not been let out and as a result thereof, had remained vacant in the respective previous years, after applying Section 23 (1)(c) of the Act, their annual value was required to be taken as `Nil'. Sections 22 and 23 of the Act, which are relevant, read as under:- Income from house property . 22. The annual value of property consisting of any buildings or lands appurtenant thereto of which the assessee is the owner, other than such portio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of this sub-section, the amount of actual rent received or receivable by the owner shall not include, subject to such rules as may be made in this behalf, the amount of rent which the owner cannot realise . (2) Where the property consists of a house or part of a house which - (a) is in the occupation of the owner for the purposes of his own residence; or (b) cannot actually be occupied by the owner by reason of the fact that owing to his employment, business or profession carried on at any other place, he has to reside at that other place in a building not belonging to him, the annual value of such house or part of the house shall be taken to be nil. (3) The provisions of sub-section (2) shall not ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the sum, which such property might reasonably be expected to yield on being let out, then the amount so received or receivable would be the annual value of the property in question. Section 23(2) is to the effect that where the property consists of a house or part of a house, which is in the occupation of the owner for the purposes of his own residence or could not actually be occupied by him for the reason that on account of his employment, business or profession, he had to reside at other places in a building, which is not owned by him, in that situation, the annual value of such house or part of the house is required to be taken as `Nil'. According to Section 23(4)(a), where the property referred to in Section 23(2) consists o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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