Full Text
ITA 337/2017
PRINCIAL COMMISSIONER OF INCOME TAX - 7 Appellant
Through: Mr Sanjay Kumar, Mr Dileep Shivpuri, Advocates
\ LTD. Respondent
Through: Mr P.C. Yadav and Mr Gaurav Yadav, Advocates
Advocates
Advocates
Advocates
( ^ V / 7-r CO. LTD Respondent Advocates
Advocates
PRINCIAL COMMISSIONER OF INCOME TAX- 7 Appellant
Advocates
Advocates
29.05.2017 f<
Allowed, subject to alljust exceptions.
For the reasons stated therein, these applications are allowed. The delay in filing the appeal is condoned.
ORDER
1. These are the appeals filed by the Revenue against the impugned common ITA 337/2017 & connected matters Page 3 of[4] W^' ( ) order dated 5"" September, 2016 passed by the ITAT in ITA NO. 2012/Del/2013 and ITA Nos. 5762 to 5766/Del/2013 for the Assessment Year ('AY') 2004 - 2005 to 2009 - 2010.
2. The issue before the ITAT was whether the Assessing Officer (AO) and the CIT(A) had erred in not accepting the Annual Letting Value (ALV) of the house property the income from which was subject to tax and instead adopt the fair rental value? The ITAT in the impugned orderheld in favour oftheAssessee and applied therule of consistency after noting that theALV had been accepted by the Revenue for the earlier AYs.
3. It is pointed out by the learned counsel for the Assessee appearing on advance notice that the tax effect in each of these appeals is below Rs.20 lakhs.
4. Having heard Mr Sanjay Kumar, the learned counsel for the Revenue and having examined the impugned order of the ITAT, the Court is of the view that it suffers from no legal infirmity in the ITAT going by the rule of consistency. No substantial question of law arises. In any event, the tax effect in each of the appeals is also below the limit for filing of appeals by the Revenue.
5. The appeals are accordingly dismissed.