The ITAT ruled in favor of the appellant regarding vacant ...

Annual Let-Out Value of Vacant Commercial Mall Units Determined as "Nil" Under Section 23(1)(c)

April 3, 2025

Case Laws     Income Tax     AT

The ITAT ruled in favor of the appellant regarding vacant commercial mall units, determining their annual let-out value as "Nil" under section 23(1)(c). The Tribunal rejected the AO's assumption that the properties were not intended for letting, noting that no reasonable business person would forgo rental revenue if opportunities existed. Evidence that the premises were leased in subsequent years further supported the appellant's position. Since the units remained vacant for the entire assessment year despite the appellant's efforts to let them out, the ITAT concluded that the statutory conditions under section 23(1)(c) were satisfied, warranting nil valuation and deletion of the AO's addition.

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