1986 (2) TMI 145

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..... of the fact that income from house property was under assessed. In the original assessment, income from house property was shown at Rs. 2050 and accepted as such. The ITO estimated the income from that source at Rs. 41,359 under s. 147(b). In his opinion, the entire property was not under self occupation of the assessee as some areas were also occupied by sons who had independent source of income .....

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..... e ITO. He Followed the decision of Supreme Court in the case of Calcutta Discount Co. Ltd. vs. ITO, Companies District I, Calcutta, Anr. (1961) 41 ITR 191 (SC). He also followed the other decisions which were narrated in the IT law by Charturvedi and Pithisaria at page 1687. He also noted that the assessee had shown house property income on the basis of ALV determined on municipal valuation whic .....

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..... he provisions of s. 23(2) was only the property where the assessee, his wife, sons, dependent on the assessee reside. He pleaded that a part of the property which was used by the sons who had independent source of income could not be treated as occupied by the assessee. He tried to distinguish the decisions followed by the AAC by observing that those were the cases where proceedings under s. 147(1 .....

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..... 1985 in ITA No. 1105 (Pat)/1983 in respect of the asst. yr. 1980-81. 6. We have considered the rival submissions made by both the parties. It is not disputed in these property the assessee alongwith his wife and the sons leaving even though the sons are having independent source of income. In the case of CIT vs. Raai Kaniz Abid, 1972 ILR 587 where it was held even when the properties are in occ .....

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..... shown by the assessee in respect of property was according to s. 23(2) on the basis Municipal Valuation which was decided as correct indication of the AlV by the Hon'ble High Court of Patna in the assessee's case for the asst. yr. 1969-70, the income shown and assessed by the ITO in original assessment cannot be said to be under-assessed. It is, therefore, not necessary for us to turn on the part .....

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