Where the Rent Control Act is applicable then actual rent received is to be taken as annual value of the property subject to verify all record and books


Court :
INCOME TAX APPELLATE TRIBUNAL

Brief :
At the time of hearing, it was pointed out that the amount mentioned in the grounds is not correct and the correct amount is Rs. 25,70,208/- instead of Rs. 72,96,230/-. The ld DR has accepted this factual mistake in the ground. Accordingly, we proceed with the hearing by taking the amount in dispute is only Rs.25,70,208/-. The assessee claimed the income from the North Stand property at Rs. 1,78,275/- as income from house property. The Assessing Officer has observed that the rental income from the property in question shown by the assessee is not the fair rent. The Assessing Officer computed the fair rent of the property in question at Rs. 38,50,000/-. On appeal, the assessee contended before the CIT (A) that the assessee received Rs. 1,72,275/- from letting out of offices and shops located at North Stand. It was further contended that the rent received by the assessee from the tenant was standard rent as governed by the Rent Control Act and relied upon the various decision of the Hon’ble High Court and the Tribunal. The CIT(A) has held that the estimate made by the Assessing Officer as annual rent at Rs. 38,50,000/- is not as per the provisions of the Act and the same is arbitrary. The CIT (A) has further observed that wherever the Rent Control Act is applicable then the actual rent received has to be taken as annual value of the property. Accordingly, the CIT (A) has deleted the addition made by the Assessing Officer as income from house property.

Citation :
The Dy Commr of Income Tax 1(1), Mumbai - 20 (Applicant) Vs M/s Cricket Club of India Ltd Brabourne Stadium Dinshaw Vaccha Road Mumbai 20 (Respondent)

Daily Limit Reached

You have reached your daily limit of 2 Free Judgements

Subscribe to CCI PRO for unlimited access

Why Upgrade to CCI PRO?
  • No Ads
  • WhatsApp Community
  • Daily E-Newsletter
  • Unlimited Judgements Access
  • Profile Visitors
  • Link Social Profiles
  • Featured Job Posts
  • Pro Badge
  • Expert GST Guidance
  • Unlimited Forum Replies
  • Download Content in PDF
1 Year PLAN
1999
(Excl. of GST ₹359)

2 Years PLAN
3499
(Excl. of GST ₹629)

BEST VALUE
3 Years PLAN
4999
(Excl. of GST ₹899)

View all CCI PRO benefits

Already a PRO member? Login here for an ad-free experience. 07941056694

 



Judgement posted by

Expert

Comments




CCI Pro



Company
ARTICLESHIP 23 October 2026
CA Articleship / Article Assistant

M N Rao & Associates LLP

Vijayawada

CA Inter

View Details
Company
14 October 2026
Asst. Manager/Dy Manager (Costing)

manufacturing

Pune

CMA

View Details
Company
ARTICLESHIP 07 October 2026
Article Assistant

Malhotra Rajesh & Associates

New Delhi

B.Com

View Details
Company
14 October 2026
Accountant

Rize.farm

Bengaluru

B.Com

View Details
Company
21 October 2026
CA INTER/ BCOM WITH EXPERIENCE

CA S KUMAR GUPTA & CO

Amritsar

CA Inter

View Details
Company
10 October 2026
Accounts Associate Level 1

Abic and Mani Chartered Accountants

Kottayam

B.Com

View Details
Company
19 October 2026
Accountant

Jari Saree Center

New Delhi

Others

View Details
Company
30 September 2026
Senior Accounts Executive

Codeboard Technology

Chennai

MBA

View Details