2021 (8) TMI 1038 - AT - Income Tax

Income from house property - determination of ALV - HELD THAT - Determination of ALV in respect of the property in question and the assessees are co-owner of the said property, therefore to maintain the rule of consistency and following the earlier decision of this Tribunal 2021 (3) TMI 719 - ITAT ALLAHABAD , the issue is set aside to the record of the Assessing Officer for re-adjudication of the same after giving an appropriate opportunity of hearing to the assessee and then determined the ALV strictly in accordance with section 23(1) of the Income Tax Act. Appeal allowed for statistical purposes.

Summary

Issues:
Single issue: Addition made by the Assessing Officer under the head income from house property.

Analysis:
The judgment pertains to two appeals by co-owners of a property challenging orders of the CIT(A) for the assessment year 2011-12. The common issue raised in both appeals is the addition made by the Assessing Officer under the head income from house property. The appellant's representative pointed out a similar issue decided by the Tribunal in another co-owner's case and requested a remand to the Assessing Officer for determination of Annual Letting Value (ALV) with the same directions. The learned DR did not contest the commonality of the issue and agreed to remand the matter to the Assessing Officer. The Tribunal referred to its earlier decision in the case of another co-owner and highlighted the importance of determining the ALV based on fair market rental value. It noted that the Assessing Officer had not given the assessee a fair opportunity to object to the rate of rent adopted as the fair market rental value. The Tribunal emphasized that the ALV should be determined in accordance with the provisions of section 23(1) of the Income Tax Act, considering factors like property locality, area, and advantages/disadvantages. As the issue was identical in all appeals and the properties were the same, the Tribunal set aside the matter to the Assessing Officer for re-adjudication, ensuring a proper hearing for the assessee and strict adherence to the law.

In conclusion, the appeals were allowed for statistical purposes, maintaining consistency and following the Tribunal's earlier decision. The judgment emphasized the importance of determining the Annual Letting Value based on fair market rental value and providing the assessee with a fair opportunity to present their case. The matter was remanded to the Assessing Officer for re-adjudication in accordance with the provisions of the Income Tax Act, ensuring a just and lawful determination of the ALV.