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2013 (11) TMI 573 - AT - Income TaxAnnual letting value of the property by taking into consideration the notional interest on interest free deposit of Rs.75 lakhs Non-consideration of fair market value determined by Municipal Corporation of Delhi Held that - Relying upon the decision of the Hon ble Jurisdictional High Court in the case of CIT Vs. JK Investors (Bombay) Ltd. 2000 (6) TMI 9 - BOMBAY High Court , it was held that held that the notional rent on the amount of security deposit cannot be included in the annual letting value of the property. Further, income from house property should be computed on the basis of municipal ratable value and the Tribunal directed the Assessing Officer that the ratable value of the property be considered for determining the annual letting value of the property Also, contention of the assessee that deduction should be allowed towards municipal taxes is not acceptable in view of the reason that such taxes were paid by the tenant and not by the assessee Decided in favor of Assessee.
Issues:
1. Condonation of delay in filing the appeal. 2. Dispute regarding annual letting value of property. 3. Disallowance of expenditure under section 14A of the Act. Analysis: Issue 1: Condonation of Delay The appeal filed by the assessee for assessment year 2008-09 was two days beyond the limitation period. The assessee sought condonation of the delay, attributing it to a reasonable cause. The Tribunal, after hearing both parties and reviewing the affidavit, concluded that the delay was justifiable due to a reasonable cause. Consequently, the Tribunal decided to condone the delay and proceed with entertaining the appeal on its merits. Issue 2: Annual Letting Value of Property The assessee contested the Assessing Officer's decision to calculate the annual letting value of the property based on notional interest on an interest-free deposit and not considering the fair rental value determined by the Municipal Corporation of Delhi. The Tribunal referred to previous decisions and held that notional rent on the security deposit should not be included in the annual letting value. Furthermore, the Tribunal directed that the ratable value of the property should be considered for determining the annual letting value. However, the Tribunal rejected the assessee's claim for deduction towards municipal taxes as those were paid by the tenant. Issue 3: Disallowance of Expenditure under Section 14A The dispute arose from the disallowance of expenditure amounting to Rs.1,71,36,351 under section 14A of the Act. The Assessing Officer applied Rule 8D to calculate the disallowance, leading to a higher amount than what the assessee had initially disallowed. The ld. CIT(A) upheld the Assessing Officer's decision citing the applicability of Rule 8D from the relevant assessment year. However, the Tribunal found discrepancies in the computation and the failure to consider the assessee's submissions. Consequently, the matter was remanded back to the ld. CIT(A) for a reasoned decision after considering all relevant submissions. In conclusion, the appeal was partially allowed, with specific issues addressed and remanded for further consideration.
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