2019 (7) TMI 1763 - AT - Income Tax

Income from house property - ALV of the vacant flat - municipal ratable value Adoption - HELD THAT - In the case of Harsh Jain 2015 (7) TMI 1253 - ITAT MUMBAI The coordinate bench has taken the similar view in which the municipal ratable value has taken into consideration for the deemed income from the house property. The said decision has also been upheld by Hon ble Bombay High Court in the case of PCIT Vs. Harsh Jain 2019 (2) TMI 537 - BOMBAY HIGH COURT Therefore, in view of the said circumstances, we are of the view that the ALV of the vacant flat has to be determined on the basis of municipal ratable value for the purpose of assessing income under the house property. Accordingly, we decide this issue in favour of the assessee against the revenue.

Summary

Issues Involved:
1. Determination of Annual Letting Value (ALV) of a vacant property based on municipal rateable value for the assessment year 2014-15.

Detailed Analysis:
1. The appellant challenged the order passed by the Commissioner of Income Tax (Appeals) regarding the ALV of a property in Mumbai for the assessment year 2014-15. The appellant contended that the ALV should be based on the municipal rateable value of the vacant premises, while the CIT(A) had assessed it at a higher value. The appellant argued that the premises were vacant throughout the previous year, justifying the use of municipal rateable value for income determination under the head 'Income from House Property.'

2. The case involved the appellant declaring total income for the year at a specific amount, with income from house property and other sources. The Assessing Officer (AO) assessed the ALV of the property at a much higher value than the municipal rateable value based on a market report. The CIT(A) considered previous assessments and enhanced the ALV for the current year. Dissatisfied, the appellant appealed to the ITAT.

3. The ITAT analyzed the case in light of previous decisions, notably citing a case involving a similar property and the use of municipal rateable value for ALV determination. Referring to various tribunal and high court decisions, the ITAT concluded that the ALV of a vacant property should be determined based on the municipal rateable value. The ITAT found that the issue was settled by previous court decisions, leading to a decision in favor of the appellant against the revenue.

4. Another appeal by the revenue challenged the CIT(A)'s decision to reduce the ALV based on assessments from previous years. However, the ITAT found the decision in the appellant's case applicable, and thus dismissed the revenue's appeal. Consequently, the ITAT dismissed the revenue's appeals and allowed the appellant's appeals.

This detailed analysis outlines the legal proceedings and decisions made by the ITAT Mumbai regarding the determination of the Annual Letting Value of a property based on municipal rateable value for the assessment year 2014-15.