DCIT, NEW DELHI vs. SH. MONI KUMAR SUBBA, NEW DELHI

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ITA 1591/DEL/2013Status: DisposedITAT Delhi05 April 2016AY 2008-093 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the notional interest on an interest-free security deposit cannot be taken as a determinative factor to arrive at a fair rent under Section 23(1)(a) of the Income Tax Act. The decision of the jurisdictional High Court in the assessee's own case was followed.

What were the facts?

The Revenue appealed against the deletion of an addition made by the Assessing Officer to the annual letting value. This addition was based on notional interest on an interest-free security deposit received by the assessee.

What were the issues?

Whether notional interest on interest-free security deposit can be added to the annual letting value for determining the property's fair rent.

Which sections of the Income-tax Act were involved?

Section 23(1)(a)

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(1)Show list

Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.

Income Tax Appellate Tribunal, IN THE INCOME TAX APPELLATE TRIBUNAL

Before: SHRI G.D. AGRAWALG.D. AGRAWAL & AND BEFORE SHRI G.D. AGRAWALG.D. AGRAWAL & AND MS. SUCHITRA KAMBLE

For Appellant: Shri P. Dam Kanunjna, Senior DR
For Respondent: Shri R.S. Singhvi, CA
Hearing: 04.04.2016Pronounced: 05.04.2016

PER G.D. AGRAWAL, VP PER G.D. AGRAWAL, VP :- PER G.D. AGRAWAL, VP PER G.D. AGRAWAL, VP This appeal by the Revenue for the assessment year 2008-09 is directed against the order of learned CIT(A)-XXXIII, New Delhi dated 21st December, 2012.

2.

The Revenue has raised various grounds in this appeal. However, they are all against the addition made by the Assessing Officer to the annual letting value on account of notional interest on interest free security received by the assessee.

3.

We have heard the arguments of both the sides and perused the material placed before us. We find that the issue is squarely covered in favour of the assessee by the decision of Hon'ble Jurisdictional High Court in assessee’s own case. We find that in the earlier years also, similar additions were made by the Assessing Officer which were 2 ITA-1591/Del/2013 deleted by the ITAT. The Revenue had filed the appeal before Hon'ble Jurisdictional High Court which dismissed the Revenue’s appeal with the following finding :-

1.

“The operative words in section 23(1)(a) of the Act are “the sum for which the property might reasonably be expected to be let from year to year.”. These words provide a specific direction to the Revenue for determining the fair rent. The Assessing Officer, having regard to this provision is expected to make an inquiry as to what would be the possible rent that the property might fetch. Thus, if he finds that the actual rent received is less than the fair/market rent because the assessee has received an abnormally high interest-free security deposit and because of that, the actual rent received is less than the rent which the property might fetch, he can undertake necessary exercise in that behalf. However, the notional interest on the interest-free security cannot be taken as the determinative factor to arrive at a fair rent. The provisions of section 23(1)(a) do not mandate this. In a taxing statute it would be unsafe for the court to go beyond the letter of the law and try to read into the provision more than what is already provided for.”

4.

The decision of Hon'ble Jurisdictional High Court is reported in [2011] 333 ITR 38 (Del) titled as CIT Vs. Moni Kumar Subba. Since the issue is squarely covered by the decision of Hon'ble Jurisdictional High Court in favour of the assessee, respectfully following the above decision, we find no infirmity in the order of learned CIT(A). The same is sustained and Revenue’s appeal is dismissed.

5.

In the result, the appeal of the Revenue is dismissed. Decision pronounced in the open Court on 05.04.2016.

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