TaxTMI 
TaxTMI 
2019 (7) TMI 1763
X X X X Extracts X X X X
X X X X Extracts X X X X
....s)-54, Mumbai [hereinafter referred to as the "CIT(A)"] relevant to the A.Y.2014- 15. 3. The assessee has raised the following grounds: - "1. In the facts and circumstances of the case and in law, the learned CIT(A). erred in confirming the Annual Letting Value (ALV) of the premises owned by the appellant at Central Garden Complex Chunabhatti, Mumbai at Rs. 22,95,290/- instead of Rs. 15,77.192/- offered by the appellant based on the municipal rateable value of the said premises. The learned CIT(A) failed to appreciate that the aforesaid premises were vacant throughout the previous year and accordingly the Appellant had rightly adopted the municipal rateable value for the purpose of determining income under the head 'Income from House....
X X X X Extracts X X X X
X X X X Extracts X X X X
....d 2013-14, the CIT(A) has enhanced 1/9th of the said value to arrive at the ALV for the relevant assessment year. The assessee was not satisfied, therefore, has filed the present appeal before us. 5. We have heard the argument advanced by the Ld. Representative of the parties and perused the record. At the very outset, the Ld. Representative of the assessee has argued that the case of the assessee has duly been covered by the decision of Hon'ble ITAT in the assessee's own case for the A.Y. 2013-14 in ITA. No.445/M/2018 and ITA. No.685/M/2018 dated 22.03.2019, therefore, in the said circumstances, the municipal ratable value is liable to be taken into consideration for the assessment of the vacant premises and accordingly is liable to be ta....
X X X X Extracts X X X X
X X X X Extracts X X X X
....f the Revenue. The said decision of the Tribunal was affirmed by the Hon'ble Bombay High Court in the case of Pr. CIT vs. Laxmi Jain vide order dated 16.04.2018 on the ground that there is no substantial question of law arising from the Revenue's appeal. In the case of Harsh Jain vs. DCIT in ITA No.2710/M/2013 A.Y. 2009-10, the coordinate bench of the Tribunal has held that the ALV of the property has to be computed as per municipal ratable value as deemed income from the house property. The said decision of the coordinate bench of the Tribunal was affirmed by the Hon'ble Bombay High Court in the case of Pr. CIT vs. Harsh Jain vide order dated 05.02.2019 where the appeal of the Revenue was dismissed." 6. On appraisal of the above said fin....