2013 (10) TMI 1491 - AT - Income Tax

Computation of House Property Income - Determination scope of Annual Letting Value - Composite rent - After the 2001 Finance Act Amendment , all receipts includes in the annual letting value (ALV)? - HELD THAT - The scope of ALV i.e. the annual letting value before and after amendment does not include value of other amenities provided as per separate agreements of the tenants and the owner for providing extra facilities like watchman, sweeper, mali etc. There is no change by way of amendment in the scope of ALV, there is no infirmity in the order of CIT(A), which is upheld. Decided in favor of assessee.

Summary

Issues involved: Revenue's appeal against CIT(A)'s order deleting addition under "Income from House property" u/s 24 of the Income-tax Act for A.Y. 2009-10.

Summary:
The case involved the interpretation of the Finance Act, 2001 amendment to section 24 of the Income-tax Act regarding the computation of income from house property. The appellant, deriving income from a property complex, received composite rent including various charges. The Assessing Officer included all receipts in the annual letting value (ALV) and taxed it under "Income from house property." The CIT(A) deleted the addition, citing consistent ITAT decisions in favor of the appellant's method of computation. The Revenue contended that post-amendment, only a statutory deduction of 30% of ALV was allowed, disallowing other deductions. The appellant argued that the amendment did not change the scope of ALV, and the Assessing Officer misinterpreted it. The ITAT upheld the CIT(A)'s decision, stating no change in the ALV scope post-amendment, and dismissed the Revenue's appeal.

The CIT(A) held in favor of the appellant, stating that the method of computation followed by the appellant for income under "House Property" was consistent and upheld by the ITAT in previous years. The Assessing Officer's interpretation of the amendment was deemed incorrect, as it did not affect what constituted "rent received" from the property. The appellant's long-standing practice of excluding certain expenses from composite rent for ALV calculation was accepted. The ITAT ruled in favor of the appellant, maintaining the deletion of the addition to "Income from house property."

The Revenue argued that the amendment introduced a statutory deduction of 30% of ALV, disallowing other deductions against house property income. The appellant contended that the amendment did not change the scope of ALV, and the Assessing Officer misinterpreted it. The ITAT concluded that the Finance Act, 2001 did not alter the scope of ALV, and the CIT(A)'s decision was upheld, dismissing the Revenue's appeal.