“self occupied property”

Pushpa Kaul Bhole, Mumbai vs. Income Tax Officer - Ward -32(2)(1), Maharashtra

In the result, the appeal file by the assessee is allowed for statistical purposes

land and hence would not be eligible for exemption u/s 54F of the Act. According to the Ld. AO, assessee owns flat (self occupied property – SOP) and bungalow at Abu Road. Hence, exemption u/s 54F was denied by the Ld. AO and long term capital gain was computed for transfer

Nitin Raj Marwah, Mumbai vs. DCIT Cir 8(20), Mumbai

Bench: Shri Prashant Maharshi () & Smt. Kavitha Rajagopal () Nitin Raj Marwah Vs Dcit-10(2)(2), Ayakar Bhavan 8Th Floor, Marwah Centre Maharshi Karve Road Krishanlal Marwah Marg Mumbai-400 020 Andheri (East) Mumbai-400 072 Pan : Aabpm2959 Appellant Respondent

situated at Bandra, Mumbai has been offered to tax as deemed let out and the other property situated at London was treated as self occupied property. Since the facts involved in these assessment years pertain to the same properties, we deem it fit to consider the same for the impugned ... Assessing Officer to compute the property situated at Bandra, Mumbai as deemed let out property and the property situated in London as self occupied property. 6. Resultantly, the appeal filed by the assessee is allowed. 5 Order pronounced in the open Court on 22nd August, 2022. sd/- (PRASHANT MAHARSHI) JUDICIAL

DCIT 4(1)(2), Mumbai vs. Mayank Jashwantlal Shah, Mumbai

In the result, the appeal filed by the revenue and CO filed by the assessee are allowed for statistical purposes

Bench: Shri Pramod Kumar, Vp & Shri Amit Shukla, Jm आयकरअपीलसं./ I.T.A. No. 6364/Mum/2018 (ननधधारणवर्ा / Assessment Year: 2013-14) Dcit, Circle-4(1)(2), Mayank Jashwantlal Shah, R. No. 642, 6Th Floor, ‘A’ Aidun Building, बनाम/ Aayakar Bhavan, M. K. 1St Dhobhi Talao, John Crasto Vs. Road, Mumbai-400 020 Lane, Mumbai-400 002 स्थधयीलेखधसं./जीआइआरसं./ Pan No. Aahps3906Q (अपीलधथी/Appellant) (प्रत्यथी / Respondent) : & Cross Objection No. 247/Mum/2019 (ननधधारणवर्ा / Assessment Year: 2013-14) Mayank Jashwantlal Shah, बनाम/ Dcit, Circle-4(1)(2), Vs. (अपीलधथी/Appellant) (प्रत्यथी / Respondent) : अपीलधथीकीओरसे/ Appellant By : Shri R. P. Rastogi, Ld. Dr प्रत्यथीकीओरसे/Respondent By : Shri Hiro Rai, Ld. Ar सुनवधईकीतधरीख/ : 14.06.2022 Date Of Hearing घोर्णधकीतधरीख / : 27.06.2022 Date Of Pronouncement आदेश / O R D E R Per Amit Shukla: The Aforesaid Appeal Filed By The Revenue & Cross Objection Filed By The Assessee Against The Order Dated 28.08.2018 Passed By Ld. Cit(A)-9, Mumbai For The Quantum Of Assessment Passed U/S 2

residential unit, having internal staircase, common kitchen etc. Thus, the four flats owned by the Cross Objector represents one residential house which is self occupied property eligible for exemption under section 23(2) of the Act. The Cross Objector, therefore, prays that the addition of Rs.28,44,981/-by invoking ... treated as separate residential unit under the Income Tax Act, accordingly assessee is eligible for claiming only one property as ‘Self Occupied Property’ u/s 23 and all other house property, the ALV has to be calculated. Accordingly, AO calculated ALV of other 3 floors @ 9% of the investment in such

Suman P Khurana, Mumbai vs. ACIT Central Circle-3(2), Mumbai

In the result, the appeal filed by the assessee is hereby allowed accordingly

Bench: Shri Shamim Yahya, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No. 2415/Mum/2019 (निर्धारण वर्ा / Assessment Year: 2012-13) Suman P. Khurana बिधम/ Acit, Central Circle-3(2) Room No.402, 4Th Floor, 501, Raheja Centre, Free Press Vs. Journal Marg, Nariman Point, Aayakar Bhawan, Maharshi Mumbai-400021. Karve Road, Churchgate, Mumbai-400020.S स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aahpk0190Q (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. Assessee By: Shri Shekhar Gupta Revenue By: Shri Hoshang B. Irani सुनवाई की तारीख / Date Of Hearing: 24/01/2022 घोषणा की तारीख /Date Of Pronouncement: 18/04/2022 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Present Appeal Against The Order Dated 21.02.2019 Passed By The Commissioner Of Income Tax (Appeals) -51, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2012- 13. 2. The Assessee Has Raised The Following Grounds: - “1. The Learned Cit(A) Has Erred In Law & On The Facts Of The Case In Estimating The Annual Value Of The Property At Maker Chambers Iv, Nariman Point, Mumbai At Rs.82,86,301/- As Against Nil Declared By The Assessee & Denying The Exemption Claimed U/S 23(1)(C) By The Assessee. A.Y. 2012-13 2. The Learned Cit(A) Has Erred In Law & On The Facts Of The Case In Estimating The Value Of The Property At Gujranwala Town, Delhi At Rs.6,60,000/- As Against Nil Declared By The Assessee & Denying The Exemption Claimed U/S 23(1)(C) By The Assessee.

take out those properties from the ambit of the clause in which properties are held by the owner for self-occupation i.e self occupied property (i.e SOP) because even income on account of SOP, excluding one such SOP of which annual value is to be adopted at nil, is also ... from the ambit of the clause which are held by the owner for self occupation purposes, because even though the 'ALV' of one self occupied property so chosen by the assessee is taken at Nil, however the 'ALV' of all the remaining self occupied properties are to be determined

Dr. Nirmal Jain, Mumbai vs. ITO Circle-11(1)(2), Mumbai

In the result, both the appeals filed by the assessee are allowed

Bench: Shri Prashant Maharishi & Shri Pavan Kumar Gadaleita No. 4825 & 4826/Mum/2019 (A.Y: 2010-11 & 2013-14) Dr. Nirmal Jain Vs. Ito, Circle – 11(1)(3) 2403/2404, Tower-B, Room No. 202, Oberoi Woods, Oberoi Aayakar Bhavan, Garden City, Goregaon Mumbai – 400020. (E), Mumbai – 400063 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaopj1273 Appellant .. Respondent Appellant By : Mr. Madhur Agrawal.Ar Respondent By : Ms.Neena Jeph.Sr. Dr Date Of Hearing 16.03.2022 Date Of Pronouncement 29-.03.2022 आदेश / O R D E R Per Pavan Kumar Gadale Jm: These Are The Appeals Filed By The Assessee Against The Separate Orders Of The Commissioner Of Income Tax (Appeals)-18, Mumbai For A.Y.2010-11 Passed U/S 143(3) R.W.S 147 Of The Income Tax Act & For A.Y.2013-14 U/Sec143(3) & 250 Of The Act.

assessee has two properties at Oberoi Woods and Oberoi Garden city, Goregaon East Mumbai and claimed as self occupied properties. The scrutiny ITA No. 4825 & 4826/Mum/2019 Dr. Nirmal Jain, Mumbai. assessment was completed vide order dated 28.02.2014 for the A.Y 2011-12, where the DCIT, Mumbai has treated the oneself ... proposed an addition of Rs. 9,00,900/- as income from house property in respect of one unit of self occupied property at Mumbai and ALV of vaccant flat at Pune and issued show cause notice read as under: ITA No. 4825 & 4826/Mum/2019 Dr. Nirmal Jain, Mumbai. 7. Show cause