...unrealized by the appellant and the same was not offered to tax on the ground that the rented premises was locked and tenant was not traceable and the appellant could not recover the rent from the tenant.... It was claimed that Arbitrator was appointed by the Hon"ble Bombay High Court in the above circumstances of unrealized rent of Rs.22 lakhs was not offered to tax. However, the AO was of the view that...unrealized rent of Rs.22 lakhs. Being aggrieved by the above addition, an appeal was filed before the CIT(A), who on due consideration of the submissions made on behalf of 2...

... unrealized rent of Rs. 2,27,15,776/ - being service tax borne by the appellant, from the amount of rent received during the year for... Add: Amount written back on settlement 63,74,568 5,05,24,787 Less : Unrealized Rent (Service Tax paid) 2,27,15,776...deduction claimed in respect of service tax and property tax paid on the ground that as per provisions of section 25AA, unrealized rent is taxable under the head 'Income from House Property' without...

...s.14A under special provisions of Section 115JB of the Act & (3) disallowance of bad debts in respect of unrealized rent. 3. Addressing the first issue towards disallowance under...of Rs.1,52,395/- in respect of unrealized rent. ITA No. 5 6 0 9 / M u m/ 17 [ Ewar t In v es t m en t Lt d . Vs . DC IT] A.Y. 2 0 1 3 -1 4 - 4 - 7. We have considered rival...Explanation below Section 23 r.w. Rule 4 of the IT Rules, 1962. The Explanation clearly provides for deduction of unrealized rent while computing the annual value under s.23 of...

...income under the head of income from house property after deducting the amount of unrealized rent under Rule 4 of the Income Tax Rules 1962 (hereinafter, the rules) and...claimed TDS credited on both, realized as well as unrealized rent. The AO restricted the allowances of TDS credited to the extent of actual amount of rent received. The AO rectified this mistake under...be given for the AY for which such income is available. Since the unrealized rent has not been assessed to tax, the TDS deducted on such rent is not to be claimed as tax deducted and paid to the...

.... Ltd. the AO observed that the assessee had claimed unrealized rent from the rental value in respect of both the tenants. Considering the fact that as per the lease deed applicable for the relevant...that the tenant did not agree to the payment due to service tax on the rental income. Thus this adjusted rent as a result thereof was the unrealized rent as the rent received was net of service tax. The...evidence to show that the lease rent as per the agreement has not been paid. The appellant has based his claim of unrealized rent merely on the entries in the bank account without backing the claim with...

...& First Floor) from the tenant M/s. Dolphin Mart Ltd. and the rent from tenant M/s. Magpie Global Pvt. Ltd. the AO observed that the assessee had claimed unrealized rent from the rental value in respect of...adjusted rent as a result thereof was the unrealized rent as the rent received was net of service tax. The claim of the assessee was not accepted by the AO. The issue was argued in appeal before ld CIT(A...appellant has based his claim of unrealized rent merely on the entries in the bank account without backing the claim with any concrete evidence or a confirmation from the tenant showing therein that...

...property. Hence, the present appeal. 3. Learned counsel for the revenue-appellant submitted that the Tribunal was in error as the unrealized rent was to confirm to the...relying upon Section 25AA of the Act had held that the unrealized rent could not be taxed in the year in question but would fall for taxation in the year it is so realized even if the assessee may...not be owner of the property in that previous year. We do not find any infirmity in the approach of the Tribunal as according to Section 25AA of the Act as well, the unrealized rent cannot be taken to...

...unrealized rents cannot be regarded as a self-acquisition as they still adhere to the estate. I am unable to accede to this argument. Rent which has become due is produce of the impartible estate...whether that produce has actually come info the hands of the owner or not. I can make no distinction between realized rent and unrealized rent in this respect.It was next contended that the...Das, J.:— The only question in this appeal is whether the plaintiff is entitled to that portion of the rent which accrued due in the life-time of the late Raja of Jharia. The late Raja...

...account of unrealized rent and sustained the addition and dismissed this ground of appeal of the assessee. 10. We have considered rival submissions. The assessee claimed...IT Rules, 1962 which provides the definition of 'unrealized rent' and reads as under : For the purposes of the Explanation below sub-section (1) of section 23, the...the IT Rules are very specific and the assessee before claiming the deduction on account of unrealized rent, shall have to specify the conditions of Rule 4 of the IT Rules. Thus, the assessee shall...

...the Act that unrealized rent cannot form part of the appellant's rental income. The fact that there was a dispute with the tenant is evident and that unrealized rent has been realized during the year...computation which included such unrealized rent. I am, therefore, of the opinion that the addition made by the A.O is not in accordance with law and direct that it be deleted. This ground of appeal is...income as below:—Sl. No. Name of tenant Area given on rent Monthly rent 1. Mohini Exports 42,700 Sq. feet Rs...

...circumstances of the case and in law, the learned CIT (A) erred in not granting relief u/s. 24(x) of the Income Tax Act, 1961, on account of unrealized rent as the legal...case namely that the said three concerns since 1988 where occupying the property without paying any rent and were paying regularly the Municipal Taxes directly to the M.C.G.M as if three of them were...claim of deduction u/s 24(x), as it was in force at the relevant point, in respect of unrealised rent. This claim was declined because assessee has not been able to establish factual contentions embedded...

...circumstances of the case and in law, the learned CIT (A) erred in not granting relief u/s. 24(x) of the Income Tax Act, 1961, on account of unrealized rent as the legal...case namely that the said three concerns since 1988 where occupying the property without paying any rent and were paying regularly the Municipal Taxes directly to the M.C.G.M as if three of them were...claim of deduction u/s 24(x), as it was in force at the relevant point, in respect of unrealised rent. This claim was declined because assessee has not been able to establish factual contentions embedded...

...India, the assessee received following rental income from UBI: a) Towards Unrealized Rent from 01/02/1993 till 31/10/2011 (Being 25% Rs 5,16,13,701.34) Rs...), says that in case the assessee has not realized the rent then the unrealized rent is not included in actual rent received or receivable by the owner. Any unrealized rent received subsequently i...." Hence, as per the legal provisions, any unrealized rent recovered subsequently by the assessee is charged to income tax in the year of receipt. Further, Rule 4 of the Income Tax rules1962 covers the...

...unrealized rent in this respect.3. This decision was followed by the Calcutta High Court in Prayag Kumari v. Siva Prasad(3).4. Learned counsel for the...-debtor, but unrealized. It is conceded by the learned counsel for the respondent that the question did not properly arise for decision, inasmuch as the application for execution was an application for...unrealized rents of the villages formed the corpus of the ghatwali property and could not be attached and alienated. This question has been dealt with by this Court in Aparna Debi v. Sree Shiba...

..., we take up the Cross Objection of the assessee. Grievance raised by the assessee is that ld. Commissioner of Income Tax (Appeals) disallowed unrealized rent of D32,27,156/- while computing its...to be computed was set out in Sub Section (1) of Section 23 of the Act. As per the ld. Authorised Representative actual rent received or receivable cannot include unrealized rent as computed under...rent, just for a reason that assessee could not substantiate how the amount remained unrealized. 12. Per contra, ld. Departmental Representative strongly supported the order of the ld...

..., we take up the Cross Objection of the assessee. Grievance raised by the assessee is that ld. Commissioner of Income Tax (Appeals) disallowed unrealized rent of D32,27,156/- while computing its...to be computed was set out in Sub Section (1) of Section 23 of the Act. As per the ld. Authorised Representative actual rent received or receivable cannot include unrealized rent as computed under...rent, just for a reason that assessee could not substantiate how the amount remained unrealized. 12. Per contra, ld. Departmental Representative strongly supported the order of the ld...

...further erred in enhance- ing the income of unrealized rent from one tenant Shri Machinery Manufacturing Co. Ltd. (in liquidation) and has further erred in not allowing deduction under section 24(1) ( x...that rule 4 of the Income-tax Rules, 1962, which allows the assessee deduction in respect of unrealized rent [under section 24(1) (x) ], stands...Additional rent received from various tenants on income from other sources. 3. Yours appellant further submits that Hon'ble Commissioner of Income-tax (Appeals) -VII, Ahmedabad has...

...and tenant did not pay the arrears of rent. The learned AR vehemently objected to the addition made by the AO of the unrealized rent and hire charges and submitted that it was contrary to the provisions...realized cannot be considered as income. The learned AR further submitted that unrealized rent is defined under rule 4 of IT Rules, 1962, as under:“11.1 For the...provisions of section 23 of the Act and the provisions of Rule 4 of the LT. Rules, 1962, the assessee submitted that unrealized rent should not be considered as income in their...

...written off ignoring the fact that unrealized rent cannot be claimed as bad debt under section 36(1)(vii) of the Act.2. The Ld. Commissioner of Income Tax (Appeals) has erred in law...acceptable due to the reason that rental income is to be taxed under the head income from house property. He further submitted that unrealized rent can neither be claimed as bad debt nor it can be claimed...

...facts and circumstances; b) Directing the Opposite Party to pay compensation towards loss suffered due to the rent paid and/or unrealized rent @ Rs...suffered due to the rent paid and/or unrealized rent Rs. 15,000/- per month for 55 months w.e.f. October, 2012 till April, 2017 which is equivalent to Rs. 8,25,000/- till the date...