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TMI Blog2022 (2) TMI 1053X X X X Extracts X X X X X X X X Extracts X X X X ..... e assessee is less than the ALV. In this case, the revenue failed to do so instead they have embarked upon a flat rate of determination of rent. CIT(A) also failed to utilize the opportunity of obtaining the details of ALV from the district authorities while denying the standard rent received by the assessee. The entire action of the revenue simmers down to determination of a notional rent without any support of the Uttar Pradesh Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972. Hence, the action of the revenue authorities cannot be sustained. Assessee appeal allowed. - ITA No. 5554/Del/2018 - - - Dated:- 15-2-2022 - Sh. K. N. Chary, Judicial Member And Dr. B. R. R. Kumar, Accountant Member For the Appellant : ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e sum referred to in clause (a), the amount so received or receivable; or (c) where the property or any part of the property is let and was vacant during the whole or any part of the previous year and owing to such vacancy the actual rent received or receivable by the owner in respect thereof is less than the sum referred to in clause (a), the amount so received or receivable : 4. The AO held that ALV of the property is the value for which the property might reasonably be expected the let during the year or actual rent receipt whichever is higher. 5. The AO determined the ALV of the property @ ₹ 35/- per month per sq. ft. and recomputed the rent receivable as under: S.No. Name of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8. Heard the arguments of both the parties and perused the material available on record. 9. The reply of the assessee dated 09.05.2018 is as under: Sub:- Appellant proceedings in the case of Vijay Processors Pvt. Ltd., AY 14-15. With regard to the captioned subject matter this has reference to hearing held on 25.04.2018. The only issue in the appeal is with regard to the enhancement of the rent (ALV) of property bearing no. C-1, Sector-3, Noida. It is the contention of the appellant that the annual letting value (ALV) can only be municipal value or the standard rent or the actual rent received whichever is higher, while framing the assessment the AO has increased the rent notionally. During the course of hearing your honor had ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d) the amenities provided in the building; (e) the latest assessment, if any, of the building; (f) any other relevant fact which appears in the circumstances of the case to be material. (3) Every other made under sub-section (1) shall, subject to the result of any appeal preferred under section 10, be final. 3. It is submitted that so far the immovable property of the appellant has not been subjected to section 9 of the UP Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972. However, it is requested that your honor may ascertain the standard rent of the immovable property by making a reference to the District Magistrate of Noida. S. No. Name of the Tenant ..... X X X X Extracts X X X X X X X X Extracts X X X X
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