Section 22, 23 of Income Tax Act, 1961—In the instant case, AO has made addition under the head income from house property by invoking the provisions of Section 23 1A of the Income Tax act and adopted annual value of residential house at 9, Friends Colony, New Delhi at 81,12,000/- per annum as against 24,000/- per annum declared by the assessee being the actual rent received/receivable.

Held that—DR could not distinguish any facts of the present Assessment Year with the earlier Assessment Years i.e. 2004-05 to 2009-10 wherein the Tribunal allowed the identical issue in favor of the assessee as held Assessing Officer was not justified in violating the rule of consistency on the issue of ALV of the property in question, already accepted by the Revenue in early AYs under similar facts and circumstances of the case. The Assessing Officer is thus directed to delete the additions in question made in the Assessment Years under consideration on the basis of a notional value of 73,80,000/- per annum as against 24,000/- per annum declared by the assessee being the annual rent received or receivable. The issue raised in the grounds is thus decided in favor of the assessee. [ORIENTAL BUILDING & FURNISHING CO. LTD. VERSUS DCIT, CIRCLE-13 (1) , NEW DELHI] [2018] [7] [ITCD Online] [40] [ITAT DELHI]