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However, the CIT(A) directed for enhancement of such Municipal Rateable Value by 5% which works out to Rs.4,86,834/-. The precise observation of CIT(A) was as under:-

7.4.1 I have considered the submissions of the appellant and perused the materials available on record. The appellant has challenged the action of the Ld. AO in determining the ALV of properties/flats at Rs. 68,36.502/- as against Rs. 3,86,376/- admitted by the appellant in respect of Flats/properties at Central Garden Complex. The appellant's main contentions are that the flats/properties under consideration were vacant and not let out during the year; since the flats/properties under consideration was not let out so the ALV has to be computed on the basis of municipal rateable value; the inspector had not carried out any specific enquiry and the information available on the websites like 99acres.com and magicbricks.com are not reliable. In support of his claims the appellant has placed reliance on various judicial pronouncements, as detailed above. The contentions of the appellant have been considered carefully. It is admitted fact that the flats/properties under considerations at Central Garden Complex were vacant and appellant had offered annual value of the flats as per municipal rateable value at Rs. 3,86,376/-. However, the Ld. AO did not accept the same and determined the ALV at Rs. 68,36,502/- in respect of Shri Virendra Jain Central Garden Complex, on the basis of inspector's report/field enquiries and the data available on websites 99acre.com and magicbrick.com.

7.4.2 While completing the assessment the Ld. AO has observed that the correct taxable ALV can be determined after considering actual market and field enquiries conducted and the relevant facts pertaining to the property of the assessee viz. area of flat, cost of flat and its year of acquisition by the assessee etc, should be taken into account in the enquiry to arrive at the correct ALV of the property. During the course of appellate proceedings, the Ld. AO was directed u/s 250(4) of the Act to conduct necessary enquiries to determine ALV in the light of the law laid down by the Hon'ble Bombay High Court in the case of Tip Top Typography. In pursuance of same the Ld. AO has not made any fresh enquiry and submitted that in the present case the IT1 had already made enquiry in A.Y. 2009-10 and has placed reliance on the same. The Ld. AO has submitted that while completing the assessment he/she had also relied upon the data available on internet. However, the Ld. AO has submitted that "no details are found in the rent enquiry folder regarding enquiry from various websites like magicbricks.com and 99acres.com," Finally the Ld. AO has submitted that the facts of the case of Tip Top Typography are completely different from appellant's case as in the said case the assessee had received security deposit and rental income was much lower and in the present case the assessee and not let out the flats and the same were lying vacant and it is on account of such vacancy that ALV has been determined.

7.4.4 The appellant has submitted that in his case in A.Y. 2009-10 similar addition was made on account of ALV on the basis of ITl's report and data available on websites magicbricks.com and 99acres.com, and the Ld. CIT[A) had allowed the appeal of the appellant. However, the Hon'ble ITAT Mumbai had set aside the issue to the file of the file of the Ld. AO with a direction to make further enquiry and determine the ALV as per law. The Ld. AO has vide order dated 29.07.2016 u/s 143(3) rws 254 has made similar observations as mentioned above. From the decision dated 12.08.2015 of the Hon'ble ITAT, Mumbai in the appellant's own case for A.Y. 2009-10 in ITA No. 2116/Mum/2017, it is observed that the Revenue had challenged the order of the Ld. CIT(A} in holding that in the facts and circumstances of the case the ALV of the house property cannot exceed rateable value as determined by the municipal corporation. The Hon'ble ITAT had set aside the issue to the file of the Ld. AO for de-novo adjudication after holding as under.

7.4.6 From perusal of said Ill's enquiry reports it is observed that the same is very general in nature and no specific instances of comparable fair rent has been brought on record. There is no reference of comparables like area of flats, year of acquisitions, locality of flats, availability of different amenities in society and public utilities service centers, viz. school, hospitals etc. Further, the Ld. AO has relied upon the data available on www.magicbricks.com and www.99acres.com but in her report the Ld. AO has submitted that no details are found in the rent enquiry folder regarding enquiry from various websites like magicbrick.com, 99acres.com etc. Further the appellant has submitted that the above referred websites issued disclaimer that they are not responsible for the information contained therein and the data available therein is based on asking prices of the properties and the same is not based on actual transactions. In view of facts discussed above, no reliance can be placed on the same.