SHRUTI PATNI,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 7, PUNE

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ITA 443/PUN/2019Status: DisposedITAT Pune27 July 2022AY 2016-177 pages
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What did the Tribunal hold?

The Tribunal held that Section 23(1)(c) of the Income Tax Act is not applicable if the property was vacant throughout the year and not let out. The issue regarding the computation of annual lettable value was restored to the Assessing Officer for verification.

What were the facts?

The assessee appealed against the addition of Rs. 42,02,438 as deemed income from house property and the computation of annual value. The Tribunal noted that a co-ordinate bench had already decided similar issues for a prior assessment year.

What were the issues?

Applicability of Section 23(1)(c) when a property is vacant throughout the year, and the method for computing the annual lettable value of a property.

Which sections of the Income-tax Act were involved?

Section 23(1)(a),Section 23(1)(c)

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Cases cited in this judgment(2)Show list

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Income Tax Appellate Tribunal, PUNE BENCH “B”, PUNE

Before: SHRI S.S. GODARA & DR. DIPAK P. RIPOTE

For Appellant: Shri C.H. Naniwadekar
For Respondent: Shri M.G. Jasanani

आदेश की प्रतिलिपि अग्रेपिि/Copy of the Order is forwarded to: अपीऱधर्थी / The Appellant; 1. प्रत्यर्थी / The Respondent; 2. 3. The CIT(A), Pune-5, Pune 4. The Pr.CIT, Pune-4, Pune विभागीय प्रविविवि, आयकर अपीलीय अविकरण, पुणे “B” / 5. DR „B‟, ITAT, Pune 6. गार्ड फाईल / Guard file आदेशानुसार/ BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अविकरण ,पुणे / ITAT, Pune

Date 1. Draft dictated on 12-07-2022 Sr.PS 2. Draft placed before author 20-07-2022 Sr.PS 3. Draft proposed & placed before the JM second member 4. Draft discussed/approved by Second JM Member. 5. Approved Draft comes to the Sr.PS/PS Sr.PS 6. Kept for pronouncement on Sr.PS 7. Date of uploading order Sr.PS 8. File sent to the Bench Clerk Sr.PS 9. Date on which file goes to the Head Clerk 10. Date on which file goes to the A.R. 11. Date of dispatch of Order.

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