1983 (1) TMI 179 - AT - Income Tax

Summary

Issues:
1. Enhanced annual letting value of self-occupied property
2. Disallowance of motor car expenses and depreciation on motor car for personal use

Analysis:
1. The assessee, a medical practitioner, constructed a house for clinic and residence in a posh locality. The dispute arose when the ITO increased the annual letting value from Rs. 6,600 to Rs. 19,968, citing rising rental values in the area. The assessee argued that the property was self-occupied, and the annual letting value had been consistently shown as Rs. 6,600, accepted by the ITO in previous years. The assessee relied on Supreme Court judgments and Rent Control Act applicability to support their position. The tribunal noted the property had been self-occupied since 1968, and no alterations were made to justify the increase. Relying on legal precedents, the tribunal accepted the assessee's claim and set aside the higher annual letting value determined by the authorities.

2. The second issue pertained to the disallowance of motor car expenses and depreciation for personal use. The ITO disallowed 1/3rd of the expenses and depreciation, alleging personal use of the car. The assessee argued that the disallowance was unjustified, pointing out that similar restrictions were not imposed in previous years, and the AAC had already restricted the disallowance to Rs. 500 and 1/4th depreciation for earlier assessment years. The tribunal upheld the AAC's decision and restricted the disallowance to Rs. 500 and 1/4th depreciation for the years under consideration. Consequently, the appeals of the assessee were partly allowed on this issue.