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Whether the notional interest on interest-free deposit from tenants is to be considered while determining the correct ALV u/s 23(1)(a)?

Case Law Details

TaxGuru Citation
2011 taxguru.in 749
Case Name
DCIT, Mumbai Vs M/s Sumer Ville Investments (ITAT Mumbai)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2003- 04
Courts
ITAT Mumbai
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DCIT, Mumbai Vs M/s Sumer Ville Investments (ITAT Mumbai)– Whether the notional interest on interest-free deposit from tenants is to be considered while determining the correct ALV u/s 23(1)(a)- Whether when no independent enquiry is made by the AO from the purchasers of the property, the sale consideration of property cannot be rejected merely on the basis that in past the sales were made at higher price and particularly when the sale price was accepted by the stamp duty authorities for the purpose of stamp duty valuation. Assessee’s appeal partly allowed

IN THE INCOME TAX APPELLATE TRIBUNAL
MUMBAI BENCH’ E’

BEFORE SHRI R.S.PADVEKAR, JUDICIAL MEMBER AND
SHRI RAJENDRA SINGH, ACCOUNTANT MEMBER.

ITA Nos. 367 & 2657/Mum/07

(Assessment Years: 2003- 04 & 2004- 05)

Dy. Commissioner of Income Tribunal Tax 12(3), Aayakar Bhavan, Mumbai- 20.

Vs.

M/s. Sumer Ville Investments, 201, Commerce House, 140, Nagindas Master Road, Fort, Mumbai-400 023

PAN AAAFS2828G

Appellant.                                                                                        Respondent.

ITA No. 3882/Mum/08
(Assessment Year: 2005-06)

Asst. Commissioner of Income Tax 12(3),Aayakar Bhavan, Mumbai-20.

Vs.

M/s. Sumer Ville Investments, Mumbai-400 023PAN AAAFS2828G

Appellant.                                                                                        Respondent.

Appellant By:     Shri B. Jayakumar.

Respondent By:  Shri Vipul B. Joshi.

ORDER

PER SHRI R. S. PADVEKAR:

These batch of three appeals are filed by the revenue challenging the respective impugned orders of the Ld. Commissioner of Income Tax (Appeals)-12, Mumbai for the Assessment Years 2003-04, 2004-05 and 2005-06. The issues and the facts are identical in all these appeals, hence these appeals are disposed of by this common order.

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