SUDHEER O BAHL, MUMBAI V. DCIT 1(2), MUMBAI

ITA 3855/MUM/2011

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 100992 (ITAT-MUMBAI)
• Duration Of Justice: 4 year(s) 3 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-09-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: E
• Next Hearing Date: 30-07-2015
• Assessment Year: 2007-2008
• Appeal Filed On: 11-05-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: M SUBRAMANIAN

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL E BENCH, MUMBAI BEFORE SHRI N.K . BILLAIYA, ACCOUNTANT MEMBER AND RAM L AL NEGI, JUDICIAL MEMBER / I .T.A. NO S . 3855 & 7712/MUM/2011 ( / ASSESSMENT YEAR S : 2007 - 08 & 2008 - 09 MR. SUDHEER O. BAHL, 41 - B, JOLLY MAKER APARTMENT - 1,CUFFE PARADE, MUMBAI - 400 005 / VS. THE DCIT - 1(2), AAYAKAR BHAVAN, MUMBAI - 400 020 ./ ./ PAN/GIR NO. : AAMPB 8549F ( / APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY: SHRI M. SUBRAMANIAN / RESPONDENT BY: SHRI AJAY MODI / DATE OF HEARING : 0 9 .0 9 .2015 / DATE OF PRONOUNCEMENT : 0 9 .0 9 .2015 / O R D E R PER N.K. BILLAIYA, AM: TH ESE APPEAL S BY THE ASSESSEE ARE PREFERRED AGAINST THE ORDER S OF THE LD. CIT(A) - 2 , MUMBAI PERTAINING TO ASSESSMENT YEAR S 2007 - 08 & 2008 - 09. IN BOTH THESE YEARS THE GRIEVANCE OF THE ASSESSEE IS SAME AND IT RELATES TO THE ADDITION ON ACCOUNT OF ANNUAL LET OUT VALUE OF THE PROPERTY ON ACCOUNT OF ESTIMATION OF RENT BY THE AO. 2. AT THE VERY OUTSET, THE LD. COUNSEL FOR THE ASSESSEE DREW OUR ATTE NTION TO THE DECISION OF THE TRIBUNAL IN ASSESSEES OWN CASE FOR ASSESSMENT YEAR 2009 - 10 IN ITA NO. 1839/M/2013. THE LD. COUNSEL ALSO REFERRED TO THE DECISION OF THE TRIBUNAL FOR A.YRS 1999 - 2000 TO ITA. NO S . 3855 & 7712/M/2011 2 2005 - 06 IN ITA NOS. 2162 TO 2166/M/2009. IT IS THE SAY O F THE LD. COUNSEL THAT THE IMPUGNED ISSUE HAS BEEN DECIDED BY THE TRIBUNAL IN ASSESSEES OWN CASE IN EARLIER AS WELL AS SUBSEQUENT ASSESSMENT YEARS IN FAVOUR OF THE ASSESSEE AND AGAINST THE REVENUE WHICH HAS BEEN CONFIRMED BY THE HONBLE JURISDICTIONAL HIG H COURT IN ITA NOS, 519, 515, 517, 518, 520, 1080 & 1107 OF 2012. 3. THE LD. DEPARTMENTAL REPRESENTATIVE COULD NOT BRING ANY DISTINGUISHING DECISION IN FAVOUR OF THE REVENUE. 4. WE HAVE CAREFULLY PERUSED THE ORDERS OF THE CO - ORDINATE BENCH BROUGHT TO O UR NOTICE. WE FIND THAT THE TRIBUNAL IN A.Y. 2009 - 10 IN ITA NO. 1839/M/2013 HAS HELD AS UNDER: THE FACTS ARE ALMOST IDENTICAL AS IN EARLIER ASSESSMENT YEARS WHICH ARE CONSIDERED BY THE HONBLE ITAT. THE HONBLE ITAT DIRECTED THE AO TO DETERMINE THE A LV BY TAKING THE FAIR RENT AT RS. 28,000/ - PER MONTH FOR A.YR. 2005 - 06. NOW FOUR YEARS HAVE PASSED. IN VIEW OF THIS, I DIRECT THE AO TO DETERMINE THE ALV BY TAKING THE FAIR RENT AT RS. 33,600/ - PER MONTH (20% INCREASE OF RS. 28,000/ - FOR THIS A.Y. 2009 - 1 0. RESPECTFULLY FOLLOWING THE FINDINGS OF THE CO - ORDINATE BENCH, WE DIRECT THE AO TO COMPUTE THE ALV AS PER THE AFOREMENTIONED DIRECTION OF THE TRIBUNAL. 5. IN THE RESULT, BOTH THE APPEALS FILED BY THE ASSESSEE ARE ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ON 9 TH SEPTEMBER , 2015 SD/ - SD/ - ( RAM L AL NEGI ) (N.K. BILLAIYA) /JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI ; DATED : 9 TH SEPTEMBER , 2015 . . ./ RJ , SR. PS ITA. NO S . 3855 & 7712/M/2011 3 / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) - 4. / CIT 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE . / BY ORDER, //TRUE COPY// / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI