ALLIED FINANCE P. LTD.,NEW DELHI vs. ACIT, DELHI

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ITA 3277/DEL/1996Status: DisposedITAT Delhi19 March 2025AY 1992-93Bench: SHRI SATBEER SINGH GODARA (Judicial Member), SHRI S. RIFAUR RAHMAN (Accountant Member)4 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal restored the issue of the annual letting value of the house property back to the Assessing Officer for fresh adjudication. The decision was based on municipal valuation, following previous orders and a High Court directive.

What were the facts?

The appeals concern the annual letting value (ALV) of a house property for multiple assessment years. This is a second round of proceedings before the tribunal, with the issue having been previously restored to the Assessing Officer and then to the High Court.

What were the issues?

The primary issue is the determination of the annual letting value (ALV) of a house property, specifically whether to adopt the municipal valuation.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH: ‘F’ NEW DELHI

Before: SHRI SATBEER SINGH GODARA & SHRI S. RIFAUR RAHMAN

For Respondent: Ms. Harpreet Kaur Hansra, Sr. DR
Hearing: 12.03.2025Pronounced: 19.03.2025

Assessment Year: 1992-93 With Assessment Year: 1993-94 Vs. ACIT, M/s. Allied Finance Pvt. Ltd., New Delhi Delhi PAN: AAACA3030B (Appellant) (Respondent) Assessee by None Department by Ms. Harpreet Kaur Hansra, Sr. DR Date of hearing 12.03.2025 Date of pronouncement 19.03.2025 ORDER PER SATBEER SINGH GODARA, JM Cases called twice. None appears at the assessee’s behest. We accordingly proceeded ex-parte against the assessee herein, M/s. Allied Finance Pvt. Ltd.

2.

We advert to the first and foremost AY 1990-91 wherein the assessee and the Revenue have filed their respective cross-appeals & 4089/Del/1994 which are directed against the & 4089/Del/1994; 3277/Del/1996 & 1452/Del/1997 CIT(A)-VIII, New Delhi’s order dated 31.03.1994 in proceedings u/s 143(3) of the Income-tax Act, 1961 (in short ‘the Act’).

3.

It emerges during the course of hearing with the able assistance coming from the Revenue side that this is the “second” round of proceedings before us. The earlier learned coordinate bench’s order dated 17.07.2000 appears to have restored the instant sole issue between the parties i.e. annual letting value “ALV” of the house property in question, back to the Assessing Officer, as per the “Municipal Corporation” valuation. The matter thereafter travelled to hon’ble jurisdictional high court in the assessee’s tax appeal and 41/2001 which stand restored back to us vide their lordships order dated 04.08.2015 to be decided afresh along-with appeals arising in AYs 1988-89 and 1990.

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