Advertisement
Advertisement
Skip to content
Follow Us on
Advertisement
TOP STORIES
Income Tax

ITAT Deletes Rs. 63L Deemed ALV Addition: Real Rent Only Counts

Case Law Details

TaxGuru Citation
2025 taxguru.in 12372
Case Name
Idhayam Infraheights Pvt. Ltd. Vs DCIT (ITAT Delhi)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2020-21
Advertisement

Idhayam Infraheights Pvt. Ltd. Vs DCIT (ITAT Delhi)

₹4 Cr Security Deposit Doesn’t Mean Income: ALV Must Be Real, Not Imagined- Security Deposit Can’t Generate Fictional Rent: Notional Interest ≠ Rent: Delhi ITAT Deletes ₹63L Deemed ALV Addition

Assessee challenged additions of ₹34,00,000 & ₹29,12,000 made by AO as notional rent u/s 23(1) on ground that it had received an interest-free security deposit of ₹4 Cr while charging a contractual rent of only ₹5,000 per month. AO & CIT(A) treated the deposit as a colourable device, applied SBI interest rate, & computed deemed rent on the theory that actual rent was abnormally low compared to Defence Colony market rates.

Tribunal held that such notional interest cannot be added to annual letting value, relying squarely on the Full Bench judgment CIT Vs Moni Kumar Subba (333 ITR 38) which conclusively held that notional interest on security deposit does not form part of “actual rent” for ALV computation. Tribunal observed that entire addition rested only on hypothetical interest & not on any cogent evidence of higher real rent. Accordingly, Tribunal reversed both lower authorities & deleted notional rent additions for both years.

FULL TEXT OF THE ORDER OF ITAT DELHI

These assessee’s twin appeals in ITA Nos. 6778 & 6779/Del/2025 for Assessment Years 2020-21 & 2021-22, arise against the CIT(A)-3, Gurgaon’s in case Nos. 10948/2019-20 and 10308/2020-21 both dated 11.08.2025, in proceedings u/s 147/143(3) of the Income Tax Act, 1961 (in short “the Act”), respectively.

Paid content

Become a Premium Member, or log in if you are already a Premium member.

Advertisement

Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 6,844

Join TaxGuru's Network for the latest updates on Income Tax, GST, Company Law, Corporate Laws and other related subjects.