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2017 (4) TMI 1445 - ITAT JAIPURAddition as income from the house property - addition made by AO as income from house property by calculating ALV on assumption basis - HELD THAT:- We find that the AO recorded that during the year under consideration assessee has shown income from house property at ₹ 1,85,150/-, on account of rent of ₹ 2,64,500/- received from letting out of part of unsold portion of project Rama’s Janak Vihar, Banipark, Jaipur. AO has applied ratio lay down in the case of Commissioner of Income Tax vs. M/s Ansal Housing Finance and Leasing Co. Ltd. [2012 (11) TMI 323 - DELHI HIGH COURT] . We find that the facts are identical as were in the Commissioner of Income Tax vs. Ansal Housing Finance and Leasing Co. Ltd.. In the case in hand some of the flats are admittedly let out by the assessee. Therefore, under these undisputed facts, respectfully fallowing the Hon’ble Delhi High Court. We do not see any reason to interfere into the order of the Ld. CIT(A), same is hereby affirmed. Therefore, this ground of the assessee’s appeal is dismissed. Addition u/s 40A(3) - HELD THAT:- The assessee has failed to demonstrate that the payments made to the Jaipur Vidhyut Nigam falls under the category of exemption as provided under Rule 6DD of the Income Tax Act Rule 1962. In the absence of the same, we do not see any reason to interfere into the order of the Ld. CIT(A). This ground of assessee’s appeal is dismissed. Addition on account of advances shown against flat booking for which sales has been made in subsequent years - AO made addition by treating the advances from Shri Azad Hussain as bogus - HELD THAT:- It is observed by the Assessing Officer that vide letter dated 19/3/2015, the assessee was specifically asked to file the date and mode of receipt of advances of ₹ 28,24,000/- from Shri Azad Hussain but nothing was stated in the reply dated 23/3/2015. The contention of the assessee is that, the amount was not received during the year under appeal. This issue requires fresh consideration by the Assessing Officer. The Assessee is directed to furnish the supporting evidences in respect of its claim that the advances were received in earlier years. The AO would then verify the same by making necessary inquiry. Therefore, this ground is allowed for statistical purpose
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