2015 (10) TMI 746

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....ut any basis. 2. The disallowance of vacancy allowance is opposed to law and facts. 3. The disallowance of 50% of cost of improvement is opposed to law and to facts especially wherein an affidavit in this regard has been produced. 4. For these and other reasons that may be adduced at the time of hearing, this appeal may be allowed." 3. Ground No.1 is regarding computation of annual letting value (ALV) in respect of the property at K.K.Nagar Chennai. 4. I have heard the learned AR of the assessee as well as the learned departmental representative and considered the relevant material on record. At the outset, it is noted that the assessee is co-owner of the property in question along with his wife. It is further noted that in the case....

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.... assessee was asked to furnish copies of the returns of assessment of the property submitted to the Municipal/Corporation authorities. The assessee has furnished the copies of the return only in respect of the property at J.P.Nagar and Kaval byrasandra, Bangalore. Hence the assessee's claim relating to these two properties is acceptable keeping in view the judgments relied on by the assessee. However, similar view cannot be taken in respect of the other property at Jubilee Hills, Hyderabad as the assessee has not produced the proof of Municipal valuation in respect of the properties at Jubilee Hills, Hyderabad. In the absence of production of Municipal valuation the annual value of the properties is computed as under u/s 23(1)(a)". 8.....

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....order of the co-ordinate bench of this Tribunal in the case of the wife of the assessee, this issue is set aside to the record of the AO for determination of the ALV in respect of the property in question after considering the property tax record filed by the assessee in terms of the direction given in the above order. 5. Ground No.2 is regarding vacancy allowance. I have heard the learned AR of the assessee as well as the learned departmental representative and considered the relevant material on record. An identical issue has been considered and decided by the Tribunal in the case of the assessee's wife Smt. Mithravinda Bindu (supra) in para.9 as under: "9. As regards the vacancy allowance claimed by the assessee, we note that the ....