Income tax dept cannot determine annual rent value on notional basis unless there is established fraud, collusion etc.

This appeal by the Revenue is arising out of the order of CIT(A)-2, Mumbai, in appeal No. CIT(A)-2/IT-77/2015-16 dated 21-04-2015. The Assessment was framed by ITO Ward-1(2)(2), Mumbai for the A.Y. 2012- 13 vide order dated 30-03-2015 under section 143(3) of the Income Tax Act, 1961 (hereinafter ‘the Act’). 2. The only issue in this appeal of Revenue is against the order of CIT(A) deleting the addition made by AO of ALV under section 23(1)(a) of the Act. For this Revenue has raised following two grounds: – “1. Whether on the facts and in the circumstances of the case and in law, th...