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Income Tax Appellate Tribunal, MUMBAI BENCHES “E”, MUMBAI
Before: SHRI JASON P. BOAZ (AM) & SHRI RAM LAL NEGI (JM)
This appeal by the assessee is directed against the order of the CIT(Appeals)-6, Mumbai dt. 28/02/2013 for the Asst. Year 2009-10.
The facts of the case, briefly, are as under:-
2.1 The assessee filed its return of income for Asst. Year 2009-10 on 30/09/2009 declaring income of Rs. 4,52,491/-. The return was processed u/s 143(1) of the income Tax Act, 1961(in short ‘the Act’) and the case was subsequently taken up for scrutiny. The assessment was completed u/s 143(3) of the Act vide order dt. 18/10/2011, wherein the income of the assessee was determined at Rs. 35,24,113/- . The assessee preferred an appeal before the CIT (Appeals)-6, Mumbai who disposed off the assessee’s appeal vide order dt. 28/02/2013, allowing the assessee partial relief.
Aggrieved by the order of the CIT (A)-6, Mumbai dt. 28/02/2013 for Asst. Year 2009-10, the assessee preferred this appeal before the Tribunal raising the following grounds:-
1) The Learned Income Tax officer has erred and the Learned Commissioner of Income Tax has up held treating Compensation received from the South Indian Bank of Rs.46,84,680/- as rent income & disallowance of Rs.96,258/- as per Rule 8D and disallowances of all expenses debited to Profit & Loss A/c .
2. These explanations and submissions were given to the Learned Income Tax Officer as well as to the Learned Commissioner of Income Tax. The Learned Income Tax Officer & Learned Commissioner of Income Tax has considered your appellant as deemed to be the owner of the premises hence considered the compensation received as Rent Income whereas your appellant has given the premises to the South Indian Bank on lease for a period of 11 months with a further renewal option for the period of 11months, thus the provision of deemed to be the owner u/s 269UA(F) read with section 27(iiib) of the Income Tax Act 1961 doesn't arise. In order to buy peace with the Income Tax Department your Appellant has submitted the revised computation of Total Income bifurcating the Compensation received from the South Indian bank as the Income from House Property & Service Charges, where the Learned Income Tax officer as well as learned
Commissioner of Income Tax has partially accepted the computation by treating the compensation received as Income from House Property & Other sources and not given the allowance of the expenses incurred for the purpose of the business.
3. The Learned Income Tax Officer has erred in proportionately disallowing the expenses of Rs.96,258/- as per new rule 8D which was upheld by the Learned Commissioner of Income Tax. Your appellant has submitted the explanations to the Learned Income Tax Officer & also to the Learned Commissioner of Income Tax that your appellant has invested in the shares out of owned capital held by them to earn tax free income whereas the Loan s from the bank was taken for the business purpose.
This case was fixed for hearing on several occasions. On four occasions, i.e. on 07/07/2014, 15/07/2014, 25/09/2014 and 09/07/2015, the Ld. AR for the assessee sought adjournments of hearings and on the other occasions, none appeared on behalf of the assessee. When this case was called for hearing today, i.e. on 04/01/2016, none appeared on behalf of the assessee, but the Ld. DR was present for Revenue. In view of the circumstances of the case, as laid out above, this case is being disposed off with the assistance of the Ld. DR for revenue and the material on record.
After considering the submissions made by the Ld. DR for Revenue and the findings on the impugned order of the Ld. CIT(A), we are the considered view that the assessee has been unable to rebut the findings of the Ld. CIT(A) therein on the issues of treating compensation of Rs. 46,84,080/- received from South Indian Bank Ltd. as rental income, the disallowance of Rs. 96,258/- as per Rule 8D of the Income Tax Rules, 1962 and the disallowance of all expenses debited to the profit and loss account as the assessee had not carried out any business during the year under consideration. In view of the above factual position of the case, we do not find any reason to deviate from or interfere with the findings as recorded by the Ld. CIT(A) and accordingly confirm the same. Consequently grounds at Sr. No 1to 3 raised by the assessee (supra) are dismissed.
In the result, the assessee’s appeal for Asst. Year 2009-10 is dismissed.