TMI Blog2017 (3) TMI 946X X X X Extracts X X X X X X X X Extracts X X X X ..... Therefore, we find that the Assessing Officer has rightly determined the issue and restricted the relief as per law. We do not see any reason to interfere with the order of the CIT(A) sustaining the action of the Assessing Officer. - Decided against assessee Determination of ALV on vacant commercial premises qua the other commercial premises situated in the same building and adjoining to each other which are equipped with some amenities - Held that:- We find from the building plan that all the commercial spaces are situated adjoining to each other and therefore, there is sound basis for estimation of ALV of the vacant premises. The assessee has not shown before us as to what amenities have been provided and what value thereof has been d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... garding purchase of residential house and exemption claimed u/s 54F is not allowed on the basis of technical fault caused at Registrar s office (Govt.) and therefore the order of CIT(A)- 13 should be cancelled. 3. Your appellant reserve their rights to add, amend and alter the above grounds of appeals and statement of facts as and when the occasion arises and will be entitled to submit further documents. 3. Briefly stated, the assessee is a Non-Resident Indian (NRI) and staying at USA. The assessee filed return of income declaring total income atRs.1,13,970/-. The income of the assessee comprises of interest income from banks and interest from house properties. The case of the assessee was selected for scrutiny. In the course of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pital gains disclosed by the assessee. 4. The Assessing Officer also noticed that the assessee was owner of six consulting rooms at a hospital building. It was claimed by the assessee that the assessee has given two consulting rooms to a doctor for a annual rent of ₹ 2,58,000/-. The assessee further claims that another consulting room has been given to a medical store for annual rent of ₹ 18,000/-. It was also observed by the Assessing Officer that the assessee is owner of six consulting rooms, whereas he has shown Annual Letting Value (ALV) of three consulting rooms only totaling to ₹ 2,76,000/-. The assessee is liable for tax on Annual Letting Value of remaining three consulting rooms in terms of Section 23(4) of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es, which reads as under:- I have carefully considered the Assessment order and submissions of the appellant filed during the appellate proceedings. The first ground of appeal relates to the addition made by the AO on account of vacant offices which is not justified. The AO has made addition on account of ALV calculated on basis of rental received @ ₹ 10,000 per month for six consulting rooms owned by the appellant given deduction of 30% on the same and thereafter the declared ALV amounting ₹ 2,58,000 has further been reduced, before making addition of ₹ 3,46,000/- to the income of the appellant. The addition made by the AO is as per law. The appellant has also contended that eh AO has taken the value of ALV as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ual value of property. In view of the above discussion, the addition made by the AO on this account is confirmed. 6. Aggrieved, the assessee filed appeal before the Tribunal. 7. The ld. AR for the assessee submitted that the assessee is entitled to claim deduction u/s 54F as against wrong claim made under Section 54 of the Act. The ld. AR further submitted that the ALV determined for vacant commercial space cannot be treated at par with other commercial space given on rent. He referred to a copy of building plan showing six commercial spaces owned by the assessee and submitted that while three commercial spaces occupied has special equipments, the other three commercial spaces remaining vacant are empty and, therefore, the r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s are situated adjoining to each other and therefore, there is sound basis for estimation of ALV of the vacant premises. The assessee has not shown before us as to what amenities have been provided and what value thereof has been determined with reference to any rent agreement. In absence of any document that show that the amenities were part of the commercial premises rented out and the rent was determined factoring such special amenities, we are not in a position to ascertain the fact. In the absence of any corroboration from the assessee to show differential rent owing to purported equipments, we do not consider it expedient to interfere with the order of the CIT(A) sustaining the action of the Assessing Officer. 11. In the result, ap ..... X X X X Extracts X X X X X X X X Extracts X X X X
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