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TMI Blog2017 (6) TMI 648X X X X Extracts X X X X X X X X Extracts X X X X ..... inable u/s 23(1)(c) of the Act. The tax authorities did not have occasion to examine the above said claim of the assessee. - matter remanded back - Decided in favour of assessee for statistical purposes. - I.T.A. No. 2404/Mum/2017 - - - Dated:- 7-6-2017 - Shri B.R. Baskaran ( AM ) Assessee by : Mr. Kishor Chaudhari Department by : Shri Kumar Sanjay ORDER The appeal filed by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 377; 5,82,750/- and accordingly assessed the same. The Ld CIT(A) confirmed the order passed by the AO and hence the assessee has filed this appeal. 3. The Ld A.R, however, took a new plea before me. He submitted that the AO was not justified in invoking the provisions of sec. 23(1)(a) of the Act in the instant case. He submitted that the impugned property had been let out in the preceding year ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nual letting value u/s 23(1)(a) of the Act. 5. I heard the parties and perused the record. I notice that the assessee has, for the first time, raised a new legal contention before the Tribunal that the ALV of the impugned property is determinable u/s 23(1)(c) of the Act. The assessee has also placed reliance on a case law referred above. I notice that the tax authorities did not have occasion t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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