The ALV of the property, which could not be let out during the year, would be nil in accordance with the provisions of section 23(1)(c)

FACTS
The assessee owned four properties of which one was let out and three were vacant throughout the previous year relevant to the assessment year under consideration. The assessee offered for taxation the rental income in respect of the let-out property. As for the properties that were vacant, he claimed vacancy allowance u/s 23(1)(c). The A.O., while assessing his total income, made an addition of Rs. 1,09,624 on account of deemed rent for vacant properties after granting deduction for municipal taxes and statutory deductions u/s 24(a).Aggrieved, the assessee preferred an appeal to the CIT(A) who confirmed the action of the A.O. The Assessee then
preferred an appeal to the Tribunal.

HELD
The Tribunal noted that the three properties which were vacant during the year under consideration have been let out by the assessee in the subsequent assessment year and their rental income has been offered for taxation. It observed that the issue before it is whether the deemed rent of the assessee has to be taken as annual value (ALV) u/s 23(1)(a) for the purpose of assessment of income u/s 22, or whether the assessee is entitled to vacancy allowance as provided u/s 23(1)(c).It held that the ALV of the property which could not be let out during the year would be nil in accordance with the provisions of section 23(1)(c). The assessee was entitled to vacancy allowance in respect of the said properties. Since the properties have not been let out at all during the year, the ALV has to be taken as nil. It observed that the case is covered by the decision of the coordinate Bench in the case of M/s Metaoxide Pvt. Ltd. vs. ITO in ITA No. 5773/M/2016 A.Y. 2010-11.

The Tribunal set aside the order of the CIT(A) and deleted the addition of Rs. 1,09,624 in respect of the three vacant properties.