MOHAN HOTCHAND KHANCHANDANI,MUMBAI vs. DCIT CEN CIR 36, MUMBAI

आदेश / O R D E R PER R.C.SHARMA (A.M): This is an appeal filed by the assessee against the order of CIT(A) for the assessment year 2010-11. 2. In ground No.1, assessee is aggrieved for addition made on account of low drawings. It was submitted by learned AR that additional CIT has already given effect to the direction of CIT(A) and the additions have already been deleted. Accordingly Ground No.1 becomes infructuous. 3. In the Ground No.2, assessee is aggrieved for making addition on account of deemed rent of Rs.1,04,000/- in respect of flat in Kalian Kamal, Santacruz (east), Mumbai. We found that the said property is disputed property and assessee is not in possession of it, which has been taken over by the bank from whom predecessor vendor had taken loan on

Shri Mohan Hotchand Khanchandani mortgage of the said flat. We also found that assessee has filed case in regard to this property in the Court of Law. Accordingly, there was no income from this house property. 4. Keeping in view the totality in facts and circumstances of the case, we do not find any merit for the addition of deemed rent. 5. In the result, appeal of the assessee is allowed in part.