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TMI Blog2013 (5) TMI 254X X X X Extracts X X X X X X X X Extracts X X X X ..... the order of the CIT(A) for the simple reason that the assessee himself had bifurcated the income to be shown as income as licencee and income from house property. It was the case that on the basis of facts and circumstances the assets have been put to use or in other words whether it can be allocated to be claimed as income from house property, in so far as, as per the contention of the assessee also providing facilities such as cable, telephone, water which the assessee proposes to hold as assets being put to use for the purpose of rendering income cannot be the end of earnings from its assets, in so far as, CIT(A) rightly considered that section 24(1) provides for claiming of such type of expenditure repairs and maintenance which repairs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uction u/s 24(1) of the IT Act on account of repairs and maintenance and therefore the AO did not allow the interest for the pre construction period claimed by the assessee as Explanation to Section 24(2) of the IT Act. The AO also treated the income from Services and maintenance charges as income from other sources in place of business income which he computed as gross income in place of net amount i.e. income minus expenses. He went in appeal before the First Appellate Authority. On the basis of the facts brought on record by the appellant as well as considered by the AO on the return filed by the assessee the CIT(A) treated the license fee as income from house property instead of income from other sources as computed by the AO and also c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the assessing officer has assessed the license fee in respect to the said land with all common facilities as income form House Property. Even though the principle of res-judicata is not applicable in Income-tax cases but the rule of consistency should be uniformly followed under similar circumstances. Considering the facts of the case, the assessing officer is directed to assessee the license fees of Rs.3.60 crores from the said open land with all common infrastructure facilities as income form house property. This ground of appeal is allowed." 3.1. In respect to the claim of the inter related rendering of services and on the basis of the contention of the assessee appellant the CIT(A) considered the claim of depreciation as follows :- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ason that the assessee himself had bifurcated the income to be shown as income as licencee and income from house property. It was the case that on the basis of facts and circumstances the assets have been put to use or in other words whether it can be allocated to be claimed as income from house property, in so far as, as per the contention of the assessee appellant before us also providing facilities such as cable, telephone, water which the assessee proposes to hold as assets being put to use for the purpose of rendering income cannot be the end of earnings from its assets, in so far as, the ld. CIT(A) rightly considered that section 24(1) of the Act provides for claiming of such type of expenditure repairs and maintenance which repairs a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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