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TMI Blog2014 (4) TMI 672X X X X Extracts X X X X X X X X Extracts X X X X ..... charges only - Such a direction is wholly misconceived as all the necessary expenditures which are attributable to the earning of the receipts which are shown under the head “income from other sources” has to be considered under section 57(iii) – thus, the order of the CIT(A) set aside and the matter is remitted back to the AO for adjudication – Decided in favour of Assessee. - ITA No. 7271/Mum./2011 - - - Dated:- 11-4-2014 - Shri Sanjay Arora And Shri Amit Shukla,JJ. For the Petitioner Mr. Girish Dave For the Respondent : Mr. R. K. Sahu ORDER Per Amit Shukla, J. M. The aforesaid appeal has been preferred by the assessee challenging the impugned order dated 3rd August 2011, passed by the learned Commissioner (Appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve been taken as part of the income from rent assessable under the head income from house property , as the assessee is not providing air-conditioning as a separate convenience or facilities. Therefore, the said receipts have to be included in rental income. Thus, the rental income was assessed at Rs. 26,12,673 and after deduction property tax and deduction under section 24(1), income from house property was assessed at Rs. 14,42,491 as against the returned income of Rs. 3,63,414. 3. Before the learned Commissioner (Appeals), it was submitted that Mafatlal Industries Ltd. (for short MFL ) was declared as sick industries by BIFR and IDBI was appointed as Operating Agency under section 17(3) of the Sick Industrial Companies (Special Pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llowed to be set-off against the income from other sources. 5. Before us, the learned Counsel for the assessee submitted that this issue had come up for consideration before the Tribunal in the assessment year 2003-04 and also in the assessment year 2007-08 in assessee s own case. In the assessment year 2003-04, the Tribunal held that the income from air-conditioning charges and other charges have to be assessed as income from other sources and while computing the income under the head income from other sources , the assessee is entitled for deduction of expenses under section 57. To examine the liability of expenses under section 57, the matter was restored back to the file of the Assessing Officer, vide order dated 6th June 2013. Si ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessing Officer to allow electricity charges only. Such a direction is wholly misconceived as all the necessary expenditures which are attributable to the earning of the receipts which are shown under the head income from other sources has to be considered under section 57(iii). The Tribunal also gave similar directions to the Assessing Officer to allow the expenditure after examining the same under section 57. In this year also, consistent with the stand taken by the Tribunal, we set aside the impugned order passed by the learned Commissioner (Appeals) and restore back the issue to the file of the Assessing Officer and direct him to consider the expenses as shown by the assessee and to see its deductibility under section 57 of the Act. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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