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TMI Blog2021 (8) TMI 1038X X X X Extracts X X X X X X X X Extracts X X X X ..... 23(1) of the Income Tax Act. Appeal allowed for statistical purposes. - ITA Nos. 152 and 153/ALLD/2019 - - - Dated:- 17-8-2021 - Vijay Pal Rao, Member (J) For the Appellant : Praveen Godbole, C.A. For the Respondents : A.K. Singh, Sr. DR ORDER Per Shri Vijay Pal Rao, Judicial Member These two appeals by two co-owners of the property in question are directed against the two separate orders of the CIT(A) dated 04.09.2019 and 23.09.2019 respectively for the assessment year 2011-12. The assessees have raised the common grounds of appeal which reads as under:- 2. The solitary common issue raised in these two appeals is regarding addition made by the Assessing Officer under the head income from house property. At the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... But not convinced with the arguments of the assessee. Provisions of Income tax Act cannot be interpreted as per intention of any individual but as per intention of parliament. As per provisions contained in sec. 23 of the I.T. Act 1961, the annual value for the purposes of Sec. 22 of any property shall be deemed to be (a) the sum for which the property might reasonably be expected to let from year to year, or (b) where the property or any part of the property is let and the actual rent received or receivable by the owner in respect thereof is in excess of the sum referred to in clause (a), the amount so received or receivable; or (c) ............. .................. The ALV of any building is based on what rent it might get not the rent re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ,695/- ₹ 6,300 i.e., ₹ 75,395 is added towards income from house property of the assessee. Subject to observation above the income of assessee is computed as under:- 1. Income from Business ₹ 10,64,446/- 2. Income from House property As shown ₹ 6.300/- As discussed in para 7 ₹ 75,395/- ₹ 81,695/- 3. Income from other source ₹ 12,76,439/- 4. Gross Total income ₹ 24,22,580/- 5. Deduction under section 80C ₹ 1,00,000/-- Total Income - ₹ 23,22,580/- Assessed accordingly at the total income of ₹ 23,22,560/-. Charge interest u/s. 234D. Notice of demand and challan are being issued. 7. Though, the Assessing Officer has taken the ALV as the rate of rent in respect of a buildin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thout even giving a show cause notice to the assessee. The Ld. CIT (A) though confirmed the order of the Assessing Officer however, the comparable of the rate adopted by the Assessing Officer not been examined by the Ld. CIT (A). Accordingly, in the facts and circumstances of the case the matter is set aside to the record of the Assessing Officer for re-adjudication of the same after giving an appropriate opportunities of hearing to the assessee and then determining ITA No. 51/Alld/2019 7 the annual letting value strictly in accordance with the provisions of section 23(1) of the Income Tax Act. 8. In the result, the appeal of the assessee is allowed for statistical purposes. 5. Since the property in question is same and issue in a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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