Assessee had leased out his commercial property at a monthly rent for a period of three years. Received rent only for a period of two months. which he declared as annual rental value. AO held that rent agreement reflected monthly rent and, thus, property should be treated as deemed let out and annual rental value was determined accordingly and income from house property was computed. On appeal the Tribunal held that since assessee failed to fulfil conditions laid down in rule 4, namely, any evidence to effect that defaulting tenant vacated property in question, and steps taken to compel defaulting tenant to vacate property as per rule 4, deduction of unrealized rent is not allowable. (AY. 2011-12)
ITO v. Yashovardhan Tyagi. (2020) 184 ITD 461 (Delhi)(Trib.)
S. 23 : Income from house property-Annual value-Unrealised rent-Failure to produce evidence-Unrealized rent not allowable as deduction. [S. 24, R.4]