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TMI Blog2021 (2) TMI 62X X X X Extracts X X X X X X X X Extracts X X X X ..... the Ld. Commissioner of Income-tax (Appeals) erred in confirming the action of the Ld. Assessing officer in computing the Annual Letting Value of the property situated at Anna Salai, Chennai at 11,37,878 although the same ought to be taken as Nil under section 23(1)(c) of the Act. 2. On the facts and circumstances of the case and in law, the Ld. Commissioner of Income-tax (Appeals) erred in confirming the action of the Ld. Assessing officer without appreciating the fact that the appellant could not let out the said property as it was beyond the control of the appellant. 3. On the facts and circumstances of the case and in law, the Ld. Commissioner of Income-tax (Appeals) erred stating that the appellant was not able to demonstrate that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er dated 30.10.2019 but the assessee was not satisfied on the ground of assessment of Annual Letting Value of vacant property of Anna Salai, therefore, the assessee has filed the present appeal before us. ISSUE Nos. 1 to 4 4. Under the above said issues the assessee has challenged the confirmation of the order of the AO in computing the Annual Letting Value of property situated at Anna Salai, Chennai @ 11,37,878/-. At the outset, the Ld. Representative of the assessee has argued that the issue has duly been covered by the decision of Hon'ble ITAT in the assessee's own case bearing ITA. No.6204/M/2018 for the A.Y 2014-15 titled as Empire Capital Pvt. Ltd. Vs. ACIT, therefore, the claim of the assessee is liable to be allowed. However, on t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted to let from year to year; or (b) where the property or any part of the property is let and the actual rent received or receivable by the owner in respect thereof is in excess of the sum referred to in clause (a), the amount so received or receivable; or (c) where the property or any part of the property is let and was vacant during the whole or any part of the previous year and owing to such vacancy the actual rent received or receivable by the owner in respect thereof is less than the sum referred to in clause (a), the amount so received or receivable." The provisions of clause (c) of section 23(1) of the Act are attracted if following conditions are satisfied: (i) The property was let out in the past; (ii) The property was vacant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Act for assessment year 2016-17. No addition on account of rental income/ notional rental income has been made by the Assessing Officer in the assessment order. Thus, rental income offered to tax has been accepted by the Assessing Officer. In the past as well the property under question was let out. It was during the period relevant to assessment year under appeal that the property was lying vacant for which reasons were given by the assessee. In the peculiar facts of the case we are of the considered opinion that no addition on account of notional rent is warranted. 8. The Co-ordinate bench in the case of Sachin R. Tandulkar (supra) in somewhat similar circumstances after applying provisions of section 23(1)(c) of the Act accepted ..... X X X X Extracts X X X X X X X X Extracts X X X X
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