Against the rental income declared, assessee claimed a deduction on account of property tax. Said deduction was denied on the ground that possession of property was received in January 2012 and January 2013; however, the property tax claimed was from financial years 2010 to 2014. Tribunal held that during the financial year 2013-14, it paid property tax pertaining to the financial year 2012-13 and for the financial year 2013-14 in the year under consideration. Therefore, the Assessing Officer was directed to allow deduction as per the proviso to section 23 in respect of taxes actually paid by the assessee during the year under consideration, after necessary verification of details as may be submitted by the assessee. As regards the leased property to a partner Master Clock and Works Pvt Ltd (MB) at lower rent, claiming it was a bare shell, unlike furnished properties rented to others, but the Assessing Officer rejected this due to lack of evidence and applied higher comparable rent; the matter was remanded, holding that assessee must prove with documents that both properties were similar (bare shell) for fair rent comparison. (AY. 2014-15)
Pankaj Enterprises. v. DCIT (2025) 214 ITD 702 (Mum) (Trib.)
S. 23: Income from house property-Annual value-Taxes which are actually paid during the year are deductible-Matter remanded for verification-Leased property to a partner the Master Clock and Works Pvt Ltd (MB) at lower rent, claiming it was a bare shell-Fair rent comparison-Matter remanded for verification. [S. 22]
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