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TMI Blog2022 (6) TMI 1143X X X X Extracts X X X X X X X X Extracts X X X X ..... ncy allowance was not available to the appellant - HELD THAT:- AO has not based the estimate on any reasonable working in determining the annual letting value. No description of the property as to the area and the market rates prevalent for rentals has been brought on record. Since, the annual value determined is devoid of any rational endorsement, we hereby delete the addition made by the revenue authorities. Appeal of assessee allowed. - ITA No. 1267/Del/2017, 1268/Del/2017 & 1269/Del/2017 - - - Dated:- 9-3-2022 - Sh. Saktijit Dey, Judicial Member And Dr. B. R. R. Kumar, Accountant Member Assessee by: Ms. Shivangi Kumar, Adv. Revenue by: Sh. H. K. Choudhary, CIT DR ORDER Per Dr. B. R. R. Kumar, Accountant Membe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... account of rental income, the Assessing Officer observed as under: 2011-12 4. On perusal of the Statement of affairs of the assessee for the concerned year, it was seen that in respect of property at G-17A, NDSE, Delhi, the assessee has not shown any rental income. When query was raised to him regarding the same the following submission dated 22/03/2016 was filed by him- that the Property at G-17A, N.D.S.E., Delhi was purchased during the financial year 1997-1998 for Rs. 1,89,000/-. The said property is very old and partly damaged and not in the condition to be let out. 5. The submission has been considered however, not found to be satisfactory as no substantiating evidence or supporting documents has been submitted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shifted from that property in year 1999. 3. Since the condition of the house property was such that being unlivable in a bad shape despite of the efforts made, therefore, none of the tenants showed any interest in the property and hence property was not let out. 4. The property was an old construction in the village of Kotla Mubarakpur constructed at Khasra No. 246 and 247 of the village of Kotla Mubarakpur which is not developed by any development authority. 5. An affidavit of the assessee in this regard is also being filed at page No. 10 to 12 of the paper book. 6. Since no formal query was raised during assessment proceedings and the issue was raised at the vague end of assessment proceedings which was completed o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e assessment orders, the AO observed that in view of the provisions of section 23 of the Act, the deemed rental income of the property at C-17A, NOSE, Delhi, which remained vacant during the year was required to be taxed under the head Income from House Property . The AO, therefore, confronted the appellant who stated that the house was very old and partly damaged and was not in a livable condition. However, the AO got field verification done and found that a well-built structure existed at the given address. He, accordingly, rejected the explanation and estimated the ALV of the property at Rs. 12,00,000/- for the AY 2008-09 and added an annual enhancement of 10% on the same for the subsequent years. Referring to the provisions of section 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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