2007 (8) TMI 762 - HC - Income Tax

Summary

Issues involved: Dispute over Annual Letting Value calculation for property rental income u/s 23 of Income-tax Act, 1961.

Summary:
The High Court of Delhi disposed of three appeals by the Revenue concerning the calculation of Annual Letting Value for property rental income. The Assessee had declared rental income from a building but omitted to declare rent for the basement. The Assessing Officer computed the Annual Letting Value based on the rent declared for the First Floor. The Commissioner of Income-tax (Appeals) directed to accept the Annual Letting Value as declared by the Assessee. The Revenue challenged this decision before the Tribunal, which ruled in favor of the Assessee, stating that there was no evidence to show the declared rent was inaccurate. The Revenue contended that the property was not self-occupied by the Assessee and the Annual Letting Value should be determined differently. The Assessee argued that the actual rent received should be considered as per section 23 of the Act.

The Tribunal found that the Assessing Officer failed to provide evidence contradicting the Assessee's declared rent. As the Assessee followed the law by using actual rent received to compute income, the Tribunal's decision was upheld. The High Court concluded that there was no substantial question of law to challenge the Tribunal's decision. Consequently, all appeals by the Revenue were dismissed.