TMI Blog2017 (6) TMI 548X X X X Extracts X X X X X X X X Extracts X X X X ..... covers the facts of the assessee's case. On the facts of the present case, the conditions precedent to resort to enquiry or adoption of the prevailing rateable value are absent. In view of the same, and considered opinion, the rent actually received by the appellant shall be taken to be the actual rent for tax purposes. Respectfully following the Hon'ble Bombay High Court in appellant one's case order the estimation of rent done by the AO is not justifiable one. Accordingly, direct the AO delete the addition - Decided against revenue. - ITA No. 2319/Mum/2017 - - - Dated:- 9-6-2017 - Sri Mahavir Singh, JM Revenue by : Shri Rakesh Ranjan, DR Assessee by : Shri M Subramaniam, AR ORDER Per Mahavir Singh, JM This ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lying on the decision of the Hon ble Bombay High Court consistently from AYs 1999-2000 to 2005-06 in assessee s own case and following the same allowed the claim of the assessee by observing in Para 5 as under: - The Bombay High Court has in the case of the appellant himself on the same issue for the earlier A.Yrs 1999-2000 to 2005-06, held vide their order dated 22nd August 2014 as under: All these appeals are filed by the Revenue. They are directed against an order of the Income Tax Appellate Tribunal. The Income Tax Appellate Tribunal has held that the ratio of the Full Bench decision of the Delhi High Court in the case of Commissioner of Income Tax Vs Moni Kumar Subba and which is reported in (2011) 333 ITR 38 (Delhi) does not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by any error of law apparent on the face of it. In fact, in some of the appeals, the Tribunal has determined the letting value at a rate more than the municipal valuation. In such circumstances, the quantum of rent determined can be safely tered as fair. The appeals are devoid of any merit as they do not raise any substantial question of law and they are accordingly dismissed. No costs. The appellant has actively agitated against the action of the AO to resort to the adoption of rateable value in place of the actual rent received by the appellant. He has cited the decision of Bombay High Court in Tip Top Typography to justify his stand. He has strongly contended that the ratio of the said case squarely applies to the facts of the pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fraud or collusion surrounding the Leave License arrangement entered into by the assess. That being so, the case of Tip Top Typographics cited by the assessee's representative as well as of Moni Kumar Subba, and the ratio thereof cited approvingly by the Hon ble High Court in the assessee's own case, covers the facts of the assessee's case. On the facts of the present case, the conditions precedent to resort to enquiry or adoption of the prevailing rateable value are absent. In view of the same, and in my considered opinion, the rent actually received by the appellant shall be taken to be the actual rent for tax purposes. Respectfully following the Hon'ble Bombay High Court in appellant one's case order dtd. 22.08.2014 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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