2016 (5) TMI 1085 - AT - Income Tax

Income from House Property - ALV computation - Held that - Whether the flat was habitable or not during the impugned assessment year is a question of fact and can be determined only after appreciation of evidences for which the authorities below may need to make necessary enquiries to appreciate the entire factual matrix. The computation of ALV is to be based on the provisions of Section 23 of the Act and Hon ble Bombay High Court in the case of CIT v. Tip Top Typography (2014 (8) TMI 356 - BOMBAY HIGH COURT) has laid down the guidelines with respect there-to. In our considered view interest of justice will be best served if the orders of the authorities below are set-aside and issue is restored to the file of the AO for de-novo determination after considering the evidences and explanation submitted by the assessee in his defense on merits. Needless to say proper and adequate opportunity of being heard will be provided by the AO to the assessee in accordance with the principles of natural justice in accordance with law. We order accordingly. - Decided in favour of assessee for statistical purposes.

Issues:
1. Computation of income from House Property for a vacant property.
2. Application of Annual Value based on Municipal Ratable Value.
3. Submission of evidence and material before the Assessing Officer.
4. Deemed let out property treatment for a vacant flat.
5. Consideration of habitable condition for property taxation.
6. Application of standard deduction under Section 24(a) of the Income Tax Act.
7. Appeal against CIT(A) order for de novo determination by AO.

Issue 1: Computation of income from House Property for a vacant property
The appeal was filed against the order passed by the Commissioner of Income Tax (Appeals) upholding the Assessing Officer's decision to compute the income from a vacant property. The AO treated the vacant property as deemed let out and calculated the Annual Value based on 8.5% of the book value of the property. The AO allowed standard deduction under Section 24(a) of the Act and determined the income from the house property. The CIT(A) confirmed the AO's order.

Issue 2: Application of Annual Value based on Municipal Ratable Value
The assessee argued that the Annual Value should have been based on the Municipal Ratable Value rather than 8.5% of the book value of the property. The assessee submitted that the property was not in habitable condition and substantial work was being carried out during the relevant year. The assessee relied on previous assessment years where no annual value was charged for the property. The Municipal Rateable Value of the property was presented as an alternative computation for the Annual Letting Value.

Issue 3: Submission of evidence and material before the Assessing Officer
The assessee claimed that all submissions and material regarding the property's condition were placed before the Assessing Officer, contradicting the AO's assertion that no reply was submitted. The CIT(A) held that the assessee did not make an application under Rule 46A of the Income Tax Rules for admission of additional evidence, leading to the confirmation of the AO's order.

Issue 4: Deemed let out property treatment for a vacant flat
The authorities treated the vacant property as deemed let out, leading to the computation of the Annual Value for taxation purposes. The assessee argued that the property was not habitable and intended for personal use, specifically for the residence of the assessee's son.

Issue 5: Consideration of habitable condition for property taxation
The Tribunal emphasized the importance of determining whether the property was habitable during the assessment year, as this fact is crucial in deciding the tax treatment. The Tribunal highlighted that the question of habitability is a factual matter that requires proper evaluation of evidence and explanation provided by the assessee.

Issue 6: Application of standard deduction under Section 24(a) of the Income Tax Act
The AO allowed standard deduction under Section 24(a) of the Act while computing the income from the house property. The assessee argued for the consideration of Municipal Rateable Value and the allowance of standard deduction at 30% from that value.

Issue 7: Appeal against CIT(A) order for de novo determination by AO
The Tribunal set aside the orders of the authorities below and restored the issue to the file of the Assessing Officer for a fresh determination. The Tribunal directed the AO to consider the evidences and explanations submitted by the assessee in defense of the property's habitable condition and to provide a fair opportunity for the assessee to be heard in accordance with the principles of natural justice.

This detailed analysis covers the various issues raised in the legal judgment regarding the computation of income from a vacant property and the subsequent appeal process before the Tribunal.

← Previous Next →