TaxTMI 
TaxTMI 
2018 (12) TMI 757
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.... estimating the annul value of the commercial flat at Laxmi Bhawan, Madras while ignoring the facts and submissions of the case. Thus, the addition so made should be deleted. 2. The appellant craves the leave to add, substitute, modify, delete or amend all or any ground of appeal either before or at the time of hearing." 2. Brief facts of case are as under: Assessee filed her return of income on 29/09/12 declaring total income of Rs. 1, 86, 79, 370/-. The case was selected for scrutiny and notice under section 143(2) was issued along with questionnaire and notice under section 142(1). In response to the statutory notices, representative of assessee appeared before Ld.AO and furnished required details as called for. 2....
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....t year 2001-02 and thereafter from assessment year 2002-03 a suitable tenant could not be found and remained vacant. It was thus, submitted by Ld. Counsel that under such circumstances the property has to be considered as per provisions of section 23(1)(c) of the Act. He plays reliance upon following decisions of coordinate benches of this Tribunal: * Preamsudha Exports (P) Ltd., vs. ACIT reported in (2008) 110 ITD 158; * Shakuntala Devi versus DDIT reported in (2000 del) 31 CCH 32 (Bang); * ACIT versus Dr Prabha Sanghi reported in (2012) 139 ITD 504 (Delhi); * Reynaud Shamlal vs. ACIT in ITA No. 1100/del/2014 wide order dated 21/09/16; 6. Ld. Counsel further submitted that Ld.CIT (A) confirmed addi....
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....On contrary, Ld. DR placed reliance upon orders of authorities below. 8. We have perused the submissions advanced by both sides and the light of the records placed before us. 9. In order to attract section 23(l)(c), the following requirements must be fulfilled (i) the property, or any part thereof, must be let; and (ii) it should have been vacant during the whole or any part of the previous year ; and (iii) owing to such vacancy the actual rent received or receivable by the owner in respect thereof should be less than the sum referred to in clause 9.1 It is only if these three conditions are satisfied together, would clause (c) of section 23(1) apply, in which event amount received or receivable, in terms....
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....nder: "14. The contention that, as clause (c) provides for an eventuality where a property can be vacant during the whole of the relevant previous year, both situations, i.e., "property is let" and "property is vacant for the whole of the relevant previous year" cannot co-exist does not merit acceptance. Clause (c) encompasses cases where a property is; let out for more than a year in which event alone would the question of if being vacant during the whole of the previous year arise." 13.1 From the above provision of law, it can be construed that in case the property or part thereof was vacant during the period, the proportion deduction should be allowed from the sum on which the property might reasonably be let out from year to....