2017 (12) TMI 1325 - AT - Income Tax

Ascertaining annual rentals of the North Beach Road property - multiplication factor can be adopted wherever a property is located - Held that - It is true that assessee had returned rental income from its property at Cathedral Road at ₹ 33,15,006/- against which Municipal Tax claimed was ₹ 1,51,522/-. It is also true that Municipal Tax as a percentage of the rental income came to 4.57% and this gave a multiplication factor 21.88. But the question before me is whether the same multiplication factor can be adopted wherever a property is located. Ld. Assessing Officer had adopted the multiplication factor of 21.88 on the Municipal Tax, for the property situated in North Beach Road. The method in which annual value is to be determined is clearly set out on the above section. No doubt, Multiplication valuation can be a pointer as to the reasonable rental that can be fetched for a given property. However, in my opinion, a multiplication factor derived from one set of data for a given property, cannot be applied blindly to another property located at a different place, even though, both are in the same city. The methodology followed by the lower authorities was in my opinion entirely unscientific. Ld. Commissioner of Income Tax (Appeals) though he gave partial relief to the assessee did not change or apply the correct method for ascertaining the rental value of the North Beach Road property. In opinion, ascertainment of annual value of the North Beach Road property requires a fresh look by the ld. Assessing Officer.

Summary

Issues:
Assessment of annual rent of a property located at North Beach Road, Chennai.

Analysis:
1. The appeals filed by both the Revenue and assessee were directed against an order of the ld. Commissioner of Income Tax (Appeals)-13, Chennai. The delay in filing the appeals was condoned, and both appeals were admitted.

2. The issue in both appeals pertained to the assessment of annual rent of a property owned by the assessee at North Beach Road, Chennai. The Assessing Officer made an addition to the declared rental income based on a ratio applied to the Municipal Tax paid for another property owned by the assessee. The assessee contended that she had only a 1/3rd share in the North Beach Road property, and the income should be calculated in accordance with Sections 23 & 24 of the Income Tax Act, 1961.

3. The ld. Commissioner of Income Tax (Appeals) upheld the Assessing Officer's decision but directed a recalculation based only on the Municipal Tax component for the North Beach Road property. The assessee challenged this methodology, arguing that the rental income declared was correct, and the property's location should be considered for income estimation.

4. The assessee argued that the methodology used by the authorities for determining the annual value of the North Beach Road property was flawed. The Revenue supported the Assessing Officer's approach of applying a multiplication factor to the Municipal Tax for income estimation.

5. The Tribunal considered the submissions and observed that while a multiplication factor can indicate reasonable rental value, it cannot be blindly applied to properties in different locations. The Tribunal found the methodology employed by the lower authorities to be unscientific and remitted the issue back to the Assessing Officer for a fresh assessment in accordance with the law.

6. Consequently, the appeals of both the assessee and Revenue were partly allowed for statistical purposes, and the issue was remitted back to the Assessing Officer for a fresh determination of the annual value of the North Beach Road property.

Judgment:
The Tribunal set aside the orders of the lower authorities and directed a reassessment of the annual value of the North Beach Road property, emphasizing the need for a location-specific approach rather than a blanket application of a multiplication factor.