J.B. Patel Co. v. Dy. CIT

DCIT 24(2), MUMBAI vs. YOGEN D. SANGHVI, MUMBAI

Bench: Shri Shamim Yahya, Am & Shri Sandeep Gosain, Jm आयकरअपीलसं./ I.T.A. No. 4776/Mum/2014 (निर्धारणवर्ा / Assessment Year: 2010-11)

…IT Vrs. R.J. Woods P. Ltd 334 ITR 358, it has been held that the maintenance & other charges are deductible from rent while calculating the Annual Letting value of the property. g. The Ahemdabad Tribunal in case of J.B. Patel & Co. (Co-owners) Vrs DCIT (2009) 118 ITD 556 (Ahd) para 5.2 held that "What s. 22 attempts to assess is the annual value of the property consisting of any building or land appurtenant thereto, of which the appellant is the owner,, and which has not been put to use for the purposes of its business or profession by it. The rent being charged by the appellant, if so, is only a surrogate measur…

RANJEET D VASWANI,MUMBAI vs. ACIT 12(3), MUMBAI

In the result, the appeal is partly allowed

Bench: Shri Saktijit Dey () & Shri N.K. Pradhan () Assessment Year: 2009-10

…has allowed the above expenses . Hence, once the expenses are allowed by the learned CIT(A) in the earlier years, disallowance in the subsequent year is not warranted. Reliance is placed by him on the decisions in the case of J.B. Patel Co. vs Dy. CIT (2009) 118 ITD 556 (Ahd), ITO vs Gopichand P. Godhwani (2005) 1SOT 374 (Mum), Sharmila Tagore vs JCIT (2006) 150 Taxmann 4 (Mum), CIT vs R.J. Wood P. Ltd. (2012) 20 taxmann.com 599 (Delhi) (HC), Saif Ali Khan vs ACIT (ITAT Mumbai), Bombay Oil Industries Ltd. vs. Dy. CIT (2002) 82 ITD 626 (Mum), Neelam Cable Mfg. Co. vs Asstt. CIT (1997) 63 ITD 1 (Delhi), Lek Raj Ch…

DHANO B VASWANI,MUMBAI vs. ACIT 12(3), MUMBAI

In the result, the appeal is dismissed

Bench: Shri Saktijit Dey () & Shri N.K. Pradhan () Assessment Year: 2009-10

…has allowed the above expenses . Hence, once the expenses are allowed by the learned CIT(A) in the earlier years, disallowance in the subsequent year is not warranted. Reliance is placed by him on the decisions in the case of J.B. Patel Co. vs Dy. CIT (2009) 118 ITD 556 (Ahd), ITO vs Gopichand P. Godhwani (2005) 1SOT 374 (Mum), Sharmila Tagore vs JCIT (2006) 150 Taxmann 4 (Mum), CIT vs R.J. Wood P. Ltd. (2012) 20 taxmann.com 599 (Delhi) (HC), Saif Ali Khan vs ACIT (ITAT Mumbai), Bombay Oil Industries Ltd. vs. Dy. CIT (2002) 82 ITD 626 (Mum), Neelam Cable Mfg. Co. vs Asstt. CIT (1997) 63 ITD 1 (Delhi), Lek Raj Ch…

MANISHA AJAY SHAH,MUMBAI vs. ITO 24(2)(4), MUMBAI

Appeal of the assessee is allowed in part

Bench: Shri R.C.Sharma, Am & Shri Sandeep Gosain, Jm आयकर अपील सं./Ita No.5785/Mum/2012 (निर्धारण वर्ा / Assessment Year :2008-2009) Manisha Ajay Shah Vs. Ito 24(2)(4) 601/602, Adarsh Harmony, Room No. 605, Adarsh Vihar Complex, Pratyakshkar Bhavan, Off – Marve Road, Bandra Kurla Complex, Mumbai – 400 064 Bandra (E), Mumbai – 400 051 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Angps 4878 K (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. राजस्व की ओर से /Revenue By : Shri Vivek Batra (Dr) निर्ााररती की ओर से /Assessee By : Shri Mayur A. Shah सुिवाई की तारीख / Date Of Hearing : 10/09/2015 घोषणा की तारीख/Date Of Pronouncement 09/12/2015 आदेश / O R D E R Per R.C.Sharma (A.M): This Is An Appeal Filed By The Revenue Against The Order Of Cit(A), For The Assessment Year 2008-2009, In The Matter Of Order Passed U/S.143(3) Of The I.T. Act. 2. First Grievance Of The Assessee Relates To Disallowance Claimed For Deduction Of Expenses At Rs.1,752/- Against Rental Income. Similarly In Ground 2, Assessee Raised Objection Against The Order Of Assessing Officer Disallowing A Claim For Deduction Of Expenses At Rs.1,69,559/- Against Rental Income Of Palm Spring Office Premises. 3. Rival Contentions Have Been Heard & Record Perused. During The Year, Assessee Had Offered Rental Income In Respect Of Sukh Sagar Office

…use property have been considered and allowed in favour of assessee in the following case laws: - i. Sharmila Tagore v/s Jt. CIT (2005) 93 TTJ (Mumbai) 483 ii. Realty Finance & Leasing (P) Ltd. v/s ITO (2006) 5 SOT 348 (Mum) iii. J.B. Patel & Co. v/s. Dy. CIT 118 ITD 556 (Ahd.) 5. Expenses claimed by the assessee pertains to society maintenance charges which are covered by the orders of the above benches. Respectfully, following the same, we direct the AO to allow the same while computing Income from house property. 6. Next grievance relates to disallowance of Rs.4,11,473/- by way of interest claimed as a deducti…