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Issues: (i) Whether the addition made towards alleged differential rental income from house property was sustainable when the assessee claimed waiver and reduction of rent under an amended rent deed and corresponding GST disclosure.
Issue (i): Whether the addition made towards alleged differential rental income from house property was sustainable when the assessee claimed waiver and reduction of rent under an amended rent deed and corresponding GST disclosure.
Analysis: The assessee's case was that rent for April to June 2021 was waived due to COVID-19, July 2021 rent was reduced, and the balance months carried the revised monthly rent. The declared rental receipts were stated to be supported by the GST annual return, including the credit notes issued and the rent actually invoiced. The record was found not to support the view that rent for the remaining period had in fact been received or accrued beyond the amount declared. On that basis, the differential addition made by the lower authorities was not justified.
Conclusion: The addition was deleted and the issue was decided in favour of the assessee.
Final Conclusion: The assessment was interfered with only to the extent of deleting the disputed house property addition, and the appeal succeeded.
Ratio Decidendi: Where reduced rental receipts are supported by an amended rent arrangement and contemporaneous return disclosure, an addition for alleged differential rent cannot be sustained without evidence of actual receipt or accrual of the higher amount.
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