Mumbai ITAT grants vacancy
allowance u/s 23(1)(c) to Saif Ali Khan Pataudi (‘assessee’)
in respect of his Bandra flats that could not be let out during AY
2012-13; Notes that assessee had offered Rs.11.83 lakh as
taxable rent, however, Revenue had substituted a sum of Rs. 50 lakh as
reasonable rent for the property, accepts assessee’s plea that due to inherent
defects/unauthorised construction, the flat could not be let out; Holds that
assessee’s plea “cannot be said to be spurious, vexatious, mere bluster or
frivolous.”, furthermore, noting that assessee had to incur Rs. 50
lakhs in order to make necessary alterations to remove defects, ITAT
remarks that “This oxygenates the assessee's claim that the premises
required alteration in order to properly let out.” ; Referring to Sec.
23(1)(c), ITAT opines 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 year.”; In light of
aforesaid facts, ITAT holds that assessee deserves vacancy allowance, relies on
co-ordinate bench ruling in Premsudha Exports (P) Ltd.:ITAT
Subscribe to:
Post Comments (Atom)
Delhi HC: No Deemed Gift Tax on Share Buy-Back at Discount
The Delhi High Court in the case of Globe Capital market has ruled that a company’s buy-back of its own shares cannot be taxed under Section...
-
A new website launched for TDS related matters www.tdscpc.gov.in TRACES – T DS R econciliation A nalysis and C orrection E nabling S yste...
-
An eminent concern within the GST framework pertains to the entitlement of Input Tax Credit (ITC) concerning expenditures associated with In...
-
Section 68 -Cash credits Section 69 -Unexplained investments Section 69A - Unexplained money, etc Section 69B -Amount of investme...
-
The posting had been move to another website. Please click the link below to get the access of the same. https://taxofindia.wordpress....
-
The overall effective tax rate of a U.S. multinational corporation may have significant impact on the value of its stock. Therefore, it ...
-
The newly enacted Income Tax Act, 2025, marks a significant step toward simplification by consolidating multiple presumptive taxation sche...
-
There are certain changes in India's tax rules for TDS on payments made to non-residents. The Income Tax Act, 2025 ('ITA 2025'...
-
Recent judicial pronouncements across different forums have clarified several important aspects of Indian income tax law, particularly relat...
-
Vide Notification issued u/s 139(1), the CBDT has extended the ‘due date’ for filing of returns of income for the Assessment Year 2012-13 ...
-
The transition to the Income-tax Act, 2025 (ITA 2025) and the accompanying Income-tax Rules, 2026 introduces a significantly overhauled co...
No comments:
Post a Comment