“Section 23(3)(a)”

DEPUTY COMMISSIONER OF INCOME TAX -23(1), MUMBAI vs. LAXMI FINANCE AND LEASING COMPANIES CO-OP. SOCIETY LTD, MUMBAI

In the result, appeals of the Revenue and Cross

Bench: SHRI AMIT SHUKLA (Judicial Member), SMT RENU JAUHRI (Accountant Member)

owner on account of his employment, business or profession, as nil under section 23(2)(b) provided that, in terms of section 23(3)(a), the house or part of the house had not actually been let during the whole or any part of the previous year. As a legal ... fiction is created the word "actually", as used in section 23(3)(c), does not find mention in section 23(1) of the Act. 12. The construction placed on section 23(l)(c), by Sri B. Chandrasen Reddy, learned counsel for the petitioner, that if there is an intention

DEPUTY COMMISSIONER OFINCOME TAX -23(1), MUMBAI vs. LAXMI FINANCE AND LEASING COMPANY CO-OP. SOCIETY LTD, MUMBAI

2 ITA No.4232/Mum/2023 & others M/s. Laxmi Finance and Leasing Company Co-operative Society Ltd., Maharashtra-400 012 BKC, Bandra East

DY COMMISSIONER OF INCOME TAX-23(1) , MUMBAI vs. M/S LAXMI FINANCE & LEASING COMPANIES COMMERCIAL PREMISES CO-OP SOC. LTD, MUMBAI

In the result, appeal filed by the revenue is dismissed

Bench: Shri Kuldip Singh, Hon'Ble & Shri S. Rifaur Rahman, Hon'Bledcit – 23(1) V. M/S. Laxmi Finance & Leasing Companies Commercial Premises Room No. 113, 1St Floor Co-Op. Soc., Limited Matru Mandir, Tardev Road C-25, G-Block, Mumbai – 400 007 Laxmi Towers, Near Icici Bank Bandra Kurla Complex Bandra (E), Mumbai -400051 Pan: Aabal0964G (Appellant) (Respondent) Assessee Represented By : Shri Madhur Agrawal Department Represented By : Shri Manoj Sinha

owner on account of his employment, business or profession, as nil under section 23(2)(b) provided that, in terms of section 23(3)(a), the house or part of the house had not actually been let during the whole or any part of the previous year. As a legal ... fiction is created the word "actually", as used in section 23(3)(c), does not find mention in section 23(1) of the Act. 12. The construction placed on section 23(l)(c), by Sri B. Chandrasen Reddy, learned counsel for the petitioner, that if there is an intention