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2014 (3) TMI 500 - ITAT DELHIDeduction u/s 24(a) of the Act – Rental income - Income from business or Income from house property – Held that:- There is no logic in treating the income from house property as income from business - nothing has been brought on record by the AO to show that the income from house property is actual income from business – Relying upon CIT vs. Dalmia Promoters Developers (P) Ltd. [2006 (1) TMI 57 - DELHI High Court] - for rejecting the view taken in earlier assessment years, there must be material change in the fact, situation or in law - there is no change in the facts, situation or in law – thus, the Revenue cannot be allowed to adopt a different stand - when in earlier asstt. years the revenue accepted the order of the Tribunal in favour of the assessee, then Revenue cannot be allowed to flip flop on the issue and it ought let the matter rest rather than spend the tax payers money in pursuing litigation for the sake of it – thus, there is no infirmity in the order of the CIT(A) – Decided against Revenue. Partial relief u/s 57(iii) of the Act – Income from other sources – Expenditure not proved - Held that:- On this claim CIT(A) has further disallowed 50% against which the Counsel of the assessee submitted that the assessee is not in appeal - The assessee has incurred expenditure in earning income from other sources - Assessee has himself disallowed u/s 14A and balance has been claimed by the assessee - CIT(A) has allowed 50% of the expenditure - the expenses have been found to be bogus or the concerned vouchers were lacking – thus, there is no infirmity in the order of the CIT(A) in this regard – Decided against revenue.
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