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2012 (8) TMI 359 - AT - Income TaxIncome from House property - adoption of ALV of the property at the figure of actual rent as against the net realizable rent - Held that - The decision rendered in Premsudha Exports Pvt. Ltd. Vs ACIT 2007 (5) TMI 348 - ITAT MUMBAI wherein it was held that the notional rent need not be considered for arriving at the ALV of the property if the property was intended to be let out, however, despite effort taken for letting out, remained vacant. The assessee-company could hold properly either to use it for its own business or to let as mentioned memorandum of association - the assessee approached various estate and finance consultants for letting the properties but unfortunately during the year under appeal, the assessee could not get a suitable tenant. Since the property was held to be let, its annual letting value could only be worked out under sub-clause ( c ) of section 23(1)and according to this clause, the rent received or receivable during the year was nil and that had to be taken as the annual value of the property in order to compute the income from house property - the decision rendered by the learned CIT(A) need not be interfered with even if there is a finding with respect to completion of 2nd floor to 9th floor of the building - in favour of assessee.
Issues:
1. Determination of annual letting value of property. 2. Interpretation of provisions of law regarding annual letting value. 3. Consideration of notional rent for incomplete floors in property. Issue 1: Determination of annual letting value of property: The case involved an appeal by the revenue against the order of the CIT(A)-VIII, Ahmedabad regarding the assessment year 2004-05. The assessee, a Private Limited Company, was engaged in letting out commercial property. The dispute arose over the adoption of the Annual Letting Value (ALV) of the property. The revenue contended that the ALV should be determined based on the net realizable rent, while the CIT(A) directed the Assessing Officer (AO) to adopt the ALV at the figure of actual rent received. The AO had determined the ALV at Rs. 87,02,002, considering the entire building as ready for use. However, the CIT(A) disagreed, stating that the building was incomplete in respect of the 2nd to 9th floors due to the absence of basic amenities, and thus, only the actual rent received should be considered for ALV calculation. Issue 2: Interpretation of provisions of law regarding annual letting value: The CIT(A) based the decision on various case laws and provisions of law, including Section 23 of the Income Tax Act. The CIT(A) referred to precedents such as Parkar Industries (P) Ltd. Vs ITO and CIT Vs Wellworth Agencies (P) Ltd. to support the argument that the ALV should be determined based on actual rent received if the property is incomplete or lacks basic amenities for occupation. The CIT(A) highlighted that the property, though structurally complete, was not ready for occupation beyond the first two floors, and therefore, the ALV should not include notional rent for incomplete floors. Issue 3: Consideration of notional rent for incomplete floors in property: The Tribunal, in its decision, emphasized that the property should be held with the intention to be let out to consider notional rent for ALV calculation. The Tribunal cited a case where efforts were made to let out the property, but it remained vacant, leading to the conclusion that notional rent need not be considered in such cases. In the present case, the Tribunal upheld the CIT(A)'s decision, stating that the property's incomplete floors should not contribute to the ALV calculation due to the absence of basic amenities, in line with the intention to let out the property. In conclusion, the Tribunal dismissed the revenue's appeal, affirming the CIT(A)'s order to adopt the ALV based on the actual rent received, excluding notional rent for incomplete floors lacking basic amenities for occupation.
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