2007 (10) TMI 445 - AT - Income Tax

Summary

Issues Involved:
1. Determination of Annual Letting Value (ALV) of the property.
2. Applicability of section 23(1)(a) vs. section 23(1)(c) of the Income-tax Act.

Summary:

1. Determination of Annual Letting Value (ALV) of the property:
The assessee, owner of property No. 15-D, Atma Ram House, New Delhi, claimed that the property remained vacant for the entire assessment year 2002-03, and thus, the ALV should be nil u/s 23(1)(c). The Assessing Officer (AO) disagreed, determining the ALV at Rs. 1,89,000 u/s 23(1)(a) based on NDMC records and Inspector's report, which indicated a ratable value of Rs. 2,70,000. After a 30% deduction u/s 24, the remaining Rs. 1,89,000 was assessed as income from house property.

2. Applicability of section 23(1)(a) vs. section 23(1)(c) of the Income-tax Act:
The AO applied section 23(1)(a) instead of section 23(1)(c), arguing that the property was vacant for the whole year and thus should be assessed under section 23(1)(a). The assessee's appeal to CIT (Appeals) was unsuccessful. The Appellate Tribunal examined the statutory provisions and historical context, emphasizing that clause (c) should be considered conjunctively with clause (a). The Tribunal noted that for clause (c) to apply, it must be shown that the property was intended to be let but remained vacant due to circumstances beyond the owner's control. The Tribunal found that the AO did not properly examine whether the property was intended to be let out or was self-occupied. Consequently, the Tribunal set aside the impugned orders and remanded the matter to the AO for re-determination, providing the assessee a reasonable opportunity to be heard.

Conclusion:
The appeal was allowed for statistical purposes, with the matter remanded to the AO for fresh determination in accordance with the law and observations made by the Tribunal.