9911796707
TMI Blog2015 (10) TMI 746X X X X Extracts X X X X X X X X Extracts X X X X ..... sessee never let out the property at Jubilee Hills, Hyderabad. Therefore, the question of remaining the property vacant during the year for the purpose of vacancy allowance does not arise. Accordingly, the claim of the assessee is devoid of any merit, when the assessee never let out the property in question. Hence, the claim of vacancy allowance is rejected - Decided against assessee. Disallowance of cost of improvement - Held that:- Though assessee has not produced any supporting evidence regarding the expenditure incurred by the assessee on account of improvement of the property in question, however, as pointed out by the learned counsel for the assessee, the property in question was purchased by assessee vide sale deed dated 19-10-199 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lowance is opposed to law and facts. 3. The disallowance of 50% of cost of improvement is opposed to law and to facts especially wherein an affidavit in this regard has been produced. 4. For these and other reasons that may be adduced at the time of hearing, this appeal may be allowed. 3. Ground No.1 is regarding computation of annual letting value (ALV) in respect of the property at K.K.Nagar Chennai. 4. I have heard the learned AR of the assessee as well as the learned departmental representative and considered the relevant material on record. At the outset, it is noted that the assessee is co-owner of the property in question along with his wife. It is further noted that in the case of wife of the assessee Smt. Mithravi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lee Hills, Hyderabad as 'nil'. The AO, while considering the issue of annual letting value in respect of the property at Sl.No. a b of the table situated at Bangalore has accepted the claim of the assessee being Municipal value as under; The assessee was asked to furnish copies of the returns of assessment of the property submitted to the Municipal/Corporation authorities. The assessee has furnished the copies of the return only in respect of the property at J.P.Nagar and Kaval byrasandra, Bangalore. Hence the assessee's claim relating to these two properties is acceptable keeping in view the judgments relied on by the assessee. However, similar view cannot be taken in respect of the other property at Jubilee Hills, Hyde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nation of annual letting value in respect of the property at Jubilee Hills, Hyderabad to the record of the AO to re-do the exercise of computation of annual let out value, after considering the property tax payment record filed by the assessee. Following the order of the co-ordinate bench of this Tribunal in the case of the wife of the assessee, this issue is set aside to the record of the AO for determination of the ALV in respect of the property in question after considering the property tax record filed by the assessee in terms of the direction given in the above order. 5. Ground No.2 is regarding vacancy allowance. I have heard the learned AR of the assessee as well as the learned departmental representative and considered the re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y vide sale deed dated 2nd December, 2008 and as per the schedule of the property, being part of the sale deed dated 2nd December, 2008 the property is described as 'House No.'. Therefore, prima facie it appears that what is sold by the assessee is a constructed property. However, it is a matter of verification and examination. Accordingly, this issue is set aside to the record of the AO to examine the facts of any construction physically existing on the property in question at the time of sale, in comparison to the state of property at the time of purchase vide sale deed dated 19-10-1995. In case, it is found that the assessee has carried out any construction or improvement work in the property and also produced the record of payme ..... X X X X Extracts X X X X X X X X Extracts X X X X
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