2025 (8) TMI 678 - AT - Income Tax

AO must reassess Annual Lettable Value using Municipal Ratable Value per HC guidelines; Section 14A Rule 8D disallowance limited

The ITAT Mumbai set aside the first appellate order and directed the AO to determine the Annual Lettable Value (ALV) of the property based on Municipal ... Income from house property - Deduction of vacancy allowance u/s. 23(1)(c) - assessee has made a claim that the Annual Lettable Value (‘ALV’) of the house property has to be computed on the basis of Municipal Ratable Value (‘MRV’) - HELD THAT:- A clear direction was given to the A.O. to examine the issue in light of the decision of Tip Top Typography [2014 (8) TMI 356 - BOMBAY HIGH COURT] wherein as very clearly observed that unless there are compelling reasons, municipal ratable value cannot be rejected. On a careful scrutiny of the assessment order, we have not found any material which could indicate that the AO had made any enquiry to ascertain the municipal ratable value of the property during the relevant assessment years. AO has determined the ALV simply relying upon the earlier expired leased deed. Thus, we are of the firm view that the A.O. has not carried out the directions of the co-ordinate bench in letter and spirit. We are inclined to set aside the impugned orders of learned first appellate authority and restore the issue to the A.O. for determining the ALV of the property strictly in terms with the guidelines framed by the Hon'ble Jurisdictional High Court in the case of Tip Top Typography (supra). Hence, the ground is allowed for statistical purpose. Disallowance u/s.14A read with Rule 8D - As assessee submitted that in course of proceedings before the First Appellate Authority, the assessee has furnished a working of disallowance considering investments which yielded exempt income during the year - A.O. is directed to verify the working of the assessee and restrict the disallowance u/s. 14A read with Rule 8D by considering only those investments which yielded exempt income during the year. This ground is decided accordingly. 1. ISSUES PRESENTED and CONSIDERED Whether the assessee is entitled to claim deduction of vacancy allowance under Section 23(1)(c) of the Income Tax Act, 1961, for house property remaining vacant throughout the year. Whether the Annual Lettable Value (ALV) of the house property should be computed based on Municipal Ratable Value (MRV) and whether the Assessing Officer's computation under Section 23(1)(a) is erroneous. Whether the Assessing Officer complied with the directions of the Tribunal and the Hon'ble Jurisdictional High Court regarding the determination of ALV in light of the decision in CIT vs. Tip Top Typography. Whether disallowance under Section 14A read with Rule 8D of the Income Tax Rules, 1962, for expenditure in relation to exempt income, was correctly made without proper satisfaction and whether it should be restricted to investments yielding exempt income. Miscellaneous issues including the pressing or non-pressing of grounds relating to small quantum of additions. 2. ISSUE-WISE DETAILED ANALYSIS Issue 1: Entitlement to Vacancy Allowance under Section 23(1)(c) of the Income Tax Act Relevant Legal Framework and Precedents: Section 23(1)(c) allows deduction for vacancy allowance where the house property remains vacant during the year. Various Tribunal decisions have held that if the property is genuinely vacant and not let out, the assessee is entitled to vacancy allowance. However, in the present case, the issue has been decided against the assessee in past assessment years, and the Hon'ble High Court has admitted a substantial question of law on this point. Court's Interpretation and Reasoning: The assessee conceded that the vacancy allowance claim has been rejected previously and is pending adjudication before the High Court. The Tribunal did not revisit this issue substantively but noted the pending legal question. Key Evidence and Findings: The property was leased out previously but remained vacant after lease expiry in 2004. No rent was earned thereafter. The assessee did not offer income on ALV, claiming vacancy allowance. Application of Law to Facts: Given the pending substantial question of law and prior adverse decisions, the Tribunal did not allow the vacancy allowance claim in the present appeals. Treatment of Competing Arguments: The assessee relied on Tribunal precedents supporting vacancy allowance; the Department relied on prior adverse decisions and non-acceptance of vacancy allowance. Conclusion: The claim for vacancy allowance under Section 23(1)(c) is not allowed in the present appeals, pending the High Court's decision on the substantial question of law. Issue 2: Computation of Annual Lettable Value (ALV) Based on Municipal Ratable Value (MRV) Relevant Legal Framework and Precedents: Section 23(1)(a) provides for computation of income from house property based on actual rent received or receivable or municipal value, whichever is higher. The Hon'ble Jurisdictional High Court in CIT vs. Tip Top Typography held that municipal ratable value cannot be discarded without cogent and reliable material and is a safe guide for determining fair rental value unless there is suspicion or doubt about declared rent. Court's Interpretation and Reasoning: The Tribunal emphasized the binding nature of the High Court decision and directed the Assessing Officer to determine ALV strictly in accordance with the guidelines in Tip Top Typography. The Assessing Officer, however, relied on the expired lease deed rent and did not make any enquiry regarding MRV, failing to comply with the Tribunal's directions. Key Evidence and Findings: The Assessing Officer's fresh assessment order relied on notional rent from expired lease deed without any enquiry into MRV or market rent, and rejected the assessee's computation based on a fresh lease deed. Application of Law to Facts: The Assessing Officer's approach was found to be contrary to the Tribunal's clear directions and the High Court's ruling. No material was found to justify rejection of MRV. Therefore, the ALV determination was remitted back for fresh consideration following the High Court's guidelines. Treatment of Competing Arguments: The assessee urged strict adherence to the High Court's ruling and Tribunal's directions. The Department relied on the Assessing Officer's reasoning based on lease deeds. Conclusion: The issue of ALV computation is restored to the Assessing Officer for fresh determination in strict compliance with the High Court's decision in Tip Top Typography, ensuring MRV is considered as a safe guide unless cogent reasons exist to reject it. Issue 3: Disallowance under Section 14A read with Rule 8D Relevant Legal Framework and Precedents: Section 14A read with Rule 8D provides for disallowance of expenditure incurred in relation to income exempt from tax. The settled position is that disallowance should be restricted to expenses attributable to investments yielding exempt income, and proper satisfaction must be recorded before making such disallowance. Court's Interpretation and Reasoning: The Tribunal accepted the assessee's submission that disallowance should be restricted to investments yielding exempt income. It referred to the recent decision of the Hon'ble Delhi High Court which supports this view and declined to multiply judicial precedents. Key Evidence and Findings: The assessee furnished a working before the First Appellate Authority limiting disallowance to exempt income-yielding investments. The Assessing Officer was directed to verify this working and restrict disallowance accordingly. Application of Law to Facts: The Assessing Officer's disallowance without proper satisfaction and without restricting to exempt income-yielding investments was found unsustainable. Treatment of Competing Arguments: The assessee agreed to restrict disallowance to exempt income investments to settle the dispute. The Department relied on the original disallowance made by the Assessing Officer. Conclusion: The disallowance under Section 14A read with Rule 8D is to be restricted to investments yielding exempt income, and the Assessing Officer is directed to verify and give effect to the assessee's working accordingly. Issue 4: Miscellaneous Grounds Including Non-Pressing of Grounds Relevant Legal Framework and Precedents: Grounds relating to small quantum of additions may be dismissed if not pressed by the assessee. Court's Interpretation and Reasoning: The assessee chose not to press the ground relating to a small quantum of addition in one appeal. Key Evidence and Findings: No further submissions were made on this ground. Application of Law to Facts: Ground dismissed as not pressed. Conclusion: Ground dismissed accordingly.