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“Section 23(2)(a)”

Section References (mined)Section 23Section 23(2)(a)8 judgments

MUKUL ROHATGI,NEW DELHI vs. ACIT CIRCLE 61(1), NEW DELHI

In the result, the appeal of the assessee is allowed

ITA 2427/DEL/2025[2020-21]Status: DisposedITAT Delhi16 Feb 2026AY 2020-21

Bench: Shri Mahavir Singh & Shri Manish Agarwal

For Respondent: Shri Sachit Jolly, Senior Advocate
Section 112ASection 143(3)Section 144BSection 14ASection 24Section 263

earlier years also, the ALV declared is the same. The PCIT further observed that the assessee has claimed Nil ALV in terms of Section 23(2)(a) read with Section 23(4)(a) of the Act but, for the purpose of Section 23(2)(a) of the Act, the actual ... another property at No.2, Golf Links, New Delhi as per assessee's submissions. Learned Counsel stated that this condition as mentioned in Sub-section 23(2) has been amended only in the Finance Act, 2025 with effect from 01.04.2025 and applicable for assessment year 2026-27. According to the PCIT

MRS. MEENA ASHWIN GOGARI ,NAVI MUMBAI vs. DCIT, CIRCLE-27(2), NAVI MUMBAI

In the result, appeal filed by the assessee is treated as allowed

ITA 13/MUM/2024[2021-22]Status: DisposedITAT Mumbai03 Sept 2024AY 2021-22

Bench: Shri B.R. Baskaran & Ms. Kavitha Rajagopal: A.Y : 2021-22

For Appellant: Shri Nishit GandhiFor Respondent: Smt. Mahita Nair
Section 143(1)Section 23(2)(a)Section 24

Matunga, Mumbai 400 019 is “self-occupied property”. The Annual Letting Value of self occupied property shall be taken as NIL as per Section 23(2)(a) of the Act. Accordingly, while filing the return of income of the year under consideration, the assessee marked the above said property ... above said property is accepted as self-occupied property, then its Annual Letting Value shall be taken as NIL as per Section 23(2)(a) of the Act. There is no dispute with regard to the fact that the assessee has declared very same property as self occupied property

DEPUTY COMMISSIONER OF INCOME TAX -23(1), MUMBAI vs. LAXMI FINANCE AND LEASING COMPANIES CO-OP. SOCIETY LTD, MUMBAI

In the result, appeals of the Revenue and Cross

ITA 4233/MUM/2023[2015-16]Status: DisposedITAT Mumbai29 Aug 2024AY 2015-16

Bench: SHRI AMIT SHUKLA (Judicial Member), SMT RENU JAUHRI (Accountant Member)

Section 23(1)(a)

owner of a house would require the annual value of such house, or part of the house, to be taken as nil under section 23(2)(a) and, where the house cannot actually be occupied by the owner on account of his employment, business or profession, as nil under section ... tenable. The circumstances in which the annual let out value of a house property should be taken as nil is as specified in section 23(2) of the Act. Under section 23(l)(c), the period for which a let out property may remain vacant cannot exceed the period

DEPUTY COMMISSIONER OFINCOME TAX -23(1), MUMBAI vs. LAXMI FINANCE AND LEASING COMPANY CO-OP. SOCIETY LTD, MUMBAI

In the result, appeals of the Revenue and Cross\nObjections of the assessee are dismissed

ITA 4232/MUM/2023[2014-15]Status: DisposedITAT Mumbai29 Aug 2024AY 2014-15
Section 23(1)(a)

owner of a house would require the\nannual value of such house, or part of the house, to be\ntaken as nil under section 23(2)(a) and, where the house\ncannot actually be occupied by the owner on account of his\nemployment, business or profession, as nil under section ... tenable. The circumstances in\nwhich the annual let out value of a house property should\nbe taken as nil is as specified in section 23(2) of the Act.\nUnder section 23(1)(c), the period for which a let out\nproperty may remain vacant cannot exceed the period

DEEPAK KANTILAL SHAH,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-19(1), MUMBAI

Appeal is allowed in above terms

ITA 1423/MUM/2024[2018-19]Status: DisposedITAT Mumbai10 Jul 2024AY 2018-19

Bench: Shri Satbeer Singh Godara (Jm) & Shri Girish Agrawal (Am)

Section 143(3)Section 24

option". 6.1.3 Section 23 speaks about the determination of annual value. Before proceeding further we need to look at the provisions of section 23(2) & 23(4) of the IT. Act, which are reproduced as under: - "(2) Where the property consists of a house or part of a house which ... only document where any person can exercise his option to choose the property as self-occupied property and specified the same. As per section 23(2)(a), self-occupied property means a property which is in the occupation of the owner for the purposes of his own residence. On perusal

SHRI SHRI SUSHIL KUMAR AGRAWAL, KORBA,KORBA(CG) vs. THE JOINT COMMISSIONER OF INCOME TAX,RANGE KORBA, KORBA(CG)

In the result, appeal of the assesee in ITA No

ITA 94/BIL/2017[2011-12]Status: DisposedITAT Raipur27 Mar 2023AY 2011-12

Bench: Shri Ravish Sood & Shri Arun Khodpiaआयकर अपील सं. / Ita Nos. 93 & 94/Rpr/2017 "नधा"रण वष" / Assessment Years: 2010-11 & 2011-12 Shri Sushil Kumar Agrawal, Prop. Of M/S. Shrikishan & Co., T.P Nagar, Korba (C.G.) Pan : Acgpa4350B .......अपीलाथ"/Appellant बनाम / V/S. The Joint Commissioner Of Income Tax, Korba (C.G.) ……""यथ" / Respondent

For Appellant: Shri Y.K Mishra, AdvocateFor Respondent: Shri Choudhary N.C Roy, Sr. DR
Section 143(1)Section 143(2)Section 143(3)Section 14ASection 234BSection 40Section 68

hand the annual value of the house which was being used for residential purpose i.e. at Darri Road, Korba as per section 23(2)(a) was to be taken as nil; while for in the case of the other house i.e. HIG-101, M.P Nagar, Korba which was being used

SHRI SHRI SUSHIL KUMAR AGRAWAL, KORBA,KORBA(CG) vs. THE JOINT COMMISSIONER OF INCOME TAX,RANGE KORBA, KORBA(CG)

In the result, appeal of the assesee in ITA No

ITA 93/BIL/2017[2010-11]Status: DisposedITAT Raipur27 Mar 2023AY 2010-11

Bench: Shri Ravish Sood & Shri Arun Khodpiaआयकर अपील सं. / Ita Nos. 93 & 94/Rpr/2017 "नधा"रण वष" / Assessment Years: 2010-11 & 2011-12 Shri Sushil Kumar Agrawal, Prop. Of M/S. Shrikishan & Co., T.P Nagar, Korba (C.G.) Pan : Acgpa4350B .......अपीलाथ"/Appellant बनाम / V/S. The Joint Commissioner Of Income Tax, Korba (C.G.) ……""यथ" / Respondent

For Appellant: Shri Y.K Mishra, AdvocateFor Respondent: Shri Choudhary N.C Roy, Sr. DR
Section 143(1)Section 143(2)Section 143(3)Section 14ASection 234BSection 40Section 68

hand the annual value of the house which was being used for residential purpose i.e. at Darri Road, Korba as per section 23(2)(a) was to be taken as nil; while for in the case of the other house i.e. HIG-101, M.P Nagar, Korba which was being used

DY COMMISSIONER OF INCOME TAX-23(1) , MUMBAI vs. M/S LAXMI FINANCE & LEASING COMPANIES COMMERCIAL PREMISES CO-OP SOC. LTD, MUMBAI

In the result, appeal filed by the revenue is dismissed

ITA 1689/MUM/2022[2017-2018]Status: DisposedITAT Mumbai20 Sept 2022AY 2017-2018

Bench: Shri Kuldip Singh, Hon'Ble & Shri S. Rifaur Rahman, Hon'Bledcit – 23(1) V. M/S. Laxmi Finance & Leasing Companies Commercial Premises Room No. 113, 1St Floor Co-Op. Soc., Limited Matru Mandir, Tardev Road C-25, G-Block, Mumbai – 400 007 Laxmi Towers, Near Icici Bank Bandra Kurla Complex Bandra (E), Mumbai -400051 Pan: Aabal0964G (Appellant) (Respondent) Assessee Represented By : Shri Madhur Agrawal Department Represented By : Shri Manoj Sinha

Section 23(1)(a)

owner of a house would require the annual value of such house, or part of the house, to be taken as nil under section 23(2)(a) and, where the house cannot actually be occupied by the owner on account of his employment, business or profession, as nil under section ... tenable. The circumstances in which the annual let out value of a house property should be taken as nil is as specified in section 23(2) of the Act. Under section 23(l)(c), the period for which a let out property may remain vacant cannot exceed the period