REKHA AJAYKUMAR AGRAWAL,SURAT vs. ASSISTANT COMMISSIONER O INCOME TAX, CIR.1(2), SURAT

ITA 356/SRT/2022Status: DisposedITAT Surat30 January 2023AY 2015-16Bench: SHRI PAWAN SINGH (Judicial Member), DR. A.L.SAINI (Accountant Member)11 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that no addition should be made based on deeming provisions when the assessee could not find tenants for vacant properties, even after engaging brokers. Therefore, the addition made by the Assessing Officer was directed to be deleted.

What were the facts?

The assessee did not offer rental income from two vacant residential properties. The Assessing Officer estimated the annual rental value based on an inspector's report and made an addition. The assessee argued that the properties were vacant and attempts to find tenants were unsuccessful.

What were the issues?

Whether rental income can be added when properties are vacant and attempts to find tenants have been unsuccessful.

Which sections of the Income-tax Act were involved?

Section 23(4)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, SURAT BENCH, SURAT

Before: SHRI PAWAN SINGH, JM &DR. A.L.SAINI, AM

For Respondent: Shri Vinod Kuamr, Sr-D.R
Hearing: 23/01/2023Pronounced: 30/01/2023

PER DR. A. L. SAINI, ACCOUNTANT MEMBER:

Captioned appeal filed by the assessee, pertaining to assessment year 2015- 16, is directed against the order passed by the Learned National Faceless Appeal Centre (‘NFAC’ for short”/Ld. CIT(A) dated 14.10.2022, which in turn arises out of an assessment order passed by the Assessing Officer under section 143(3) of the Income Tax Act, 1961 [hereinafter referred to as the “Act”] dated 29.12.2017. 2. Grounds of appeal raised by the assessee are as follows:

The order continues below.

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