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2017 (5) TMI 111 - AT - Income TaxRental value of the property - determination of Annual Letting Value of the property - The Assessing Officer was of the view that 10% of the security deposit should be considered as reasonable percentage of interest and this should be added to the rental value of the property for arriving at Annual Letting Value of the property - Held that - this issue has been considered by the Coordinate Bench in the case of DCIT Vs. Dinesh M Shah 2017 (2) TMI 1191 - ITAT MUMBAI , wherein on similar circumstances, the Assessing Officer considered 10% interest free deposit as part of rental income on account of letting out of properties while computing ALV. Disallowance of deduction of society charges of ₹ 2,92,615/- from rental income u/s 23 of the Act - Held that - from the order of the Coordinate Bench in Assessee s own case in ITA Nos.7210/Mum/2007 & 3552/Mum/2009 for the assessment years 2002-03 & 2006-07 that this issue has been restored back to the file of the Assessing Officer for necessary verification and deciding the issue afresh - issue restored to the file of the Assessing Officer for fresh adjudication. Appeal allowed by way of remand.
Issues involved:
1. Addition of interest free security deposit to rental value for computing Annual Letting Value (ALV). 2. Disallowance of deduction of society charges from rental income under section 23 of the Act. Analysis - Issue 1: The Appeals were filed by Revenue against the order of the Ld. CIT (Appeals) for the assessment years 2006-07 and 2002-03. The primary issue was the addition of an interest-free security deposit to the rental value for computing the Annual Letting Value (ALV) of the property. The Assessing Officer considered 10% of the security deposit as notional interest to be added to the rental income. However, the Ld. CIT (Appeals) deleted this addition based on the decision of the Hon'ble Bombay High Court in the case of CIT Vs. Tip Top Typography. The Ld. DR argued in favor of the Assessing Officer's decision, while the Ld. Counsel for the Assessee supported the Ld. CIT (Appeals) decision. The ITAT Mumbai, after considering relevant case laws and precedents, upheld the decision of the Ld. CIT (Appeals) and rejected the Revenue's grounds, stating that notional interest should not form part of the annual value. Analysis - Issue 2: The second issue involved the disallowance of deduction of society charges from rental income under section 23 of the Act. The Assessing Officer rejected the Assessee's claim for allowing society charges while computing the annual value of the property. The Ld. CIT (Appeals) upheld this disallowance. The Ld. Counsel for the Assessee cited precedents where maintenance charges paid to housing societies were allowed as deductions. The ITAT Mumbai noted that in the Assessee's own case, similar issues were remanded back to the Assessing Officer for further verification. Following the decision of the Coordinate Bench in the Assessee's case, the ITAT Mumbai restored this issue to the file of the Assessing Officer for fresh adjudication in accordance with the law. In conclusion, the ITAT Mumbai allowed the Assessee's appeal for statistical purposes and dismissed the Revenue's appeals. The judgments and decisions were based on a thorough analysis of relevant legal provisions, case laws, and precedents, ensuring a fair and just outcome in both issues raised before the Tribunal.
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