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TMI Blog2012 (10) TMI 290X X X X Extracts X X X X X X X X Extracts X X X X ..... statutorily obliged to deduct tax at source out of rent paid by him but it was not deducted at source by the assessee and, therefore, the provisions of section 40(a)(ia) were applicable and as no material is presented to come to a different conclusion from what has been recorded by the Tribunal or to put it differently, it cannot be said that the Tribunal had recorded the observations noted above erroneously - against assessee. - ITA No. 295 of 2011 - - - Dated:- 12-9-2012 - MR. AJAY KUMAR MITTAL AND MR. G.S. SANDHAWALIA JJ. PRESENT: Mr. Pankaj Jain, Advocate for the appellant. Ms. Urvashi Dhugga, Advocate for the respondent. AJAY KUMAR MITTAL, J. 1. This appeal filed under Section 260A of the Income Tax Act, 1961 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rs. 90,327/- under the head income from House Property. The said return was processed under Section 143(1) of the Act and scrutiny proceedings were initiated. The assessment was completed under Section 143(3) of the Act at an amount of Rs. 2,05,89,895/- vide order dated 26.12.2008 (Annexure A-1). Feeling aggrieved, the assessee filed an appeal before the Commissioner of Income Tax (Appeals) [hereinafter referred to as the CIT(A) ]. The CIT(A) vide order dated 2.6.2010 (Annexure A-2) dismissed the appeal of the assessee. Against the said order dated 2.6.2010 (Annexure A-2), the assessee approached the Tribunal by way of second appeal. The Tribunal vide order dated 25.4.2011 (Annexure A-5) partly allowed the appeal of the assessee which gave ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessee subject to fulfilment of conditions enumerated in Section 32 of the Act. 7. As regard question No.2, learned counsel for the revenue drew the attention of this Court to the following observations recorded by the Tribunal while adjudicating the same in para 21, which read thus:- At the time of hearing, the ld. counsel for the assessee fairly stated that the assessee was statutorily obliged to deduct tax at source out of rent paid by him but it was not deducted at source by the assessee and, therefore, the provisions of section 40(a)(ia) were applicable. It was further submitted that tax out of rent was deducted at source in subsequent year though it was not so deducted at source in the year under appeal. Thus, the admitted posit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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