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TMI Blog2010 (8) TMI 1035X X X X Extracts X X X X X X X X Extracts X X X X ..... rrace has to be assessed under the head income from house property subject to deduction u/s 24 as against income from other sources assessed by the AO. We hold and order accordingly. The ground taken by the assessee is, therefore, allowed. - D.K. AGARWAL, JUDICIAL MEMBER AND R.K. PANDA, ACCOUNTANT MEMBER A. Palankar for the Respondent. ORDER D.K. Agarwal, Judicial Member This appeal preferred by the assessee is directed against the order dt. 6th Nov., 2009 passed by the learned CIT(A) for the asst. yr. 2004-05. 2. At the time of hearing none appeared on behalf of the assessee nor filed any application for adjournment of the case despite the fact that notice of date of hearing fixing the case for 16th Aug., 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appeal, the learned CIT(A) for the same reasons while following the appellate order for the asst. yr. 2003-04, upheld the addition made by the AO. 4. Being aggrieved by the order of the learned CIT(A) the assessee is in appeal before us taking following sole ground of appeal : 1.The CIT(A) has erred in confirming that the rent received for allowing the use of terrace area under the head 'Income from other sources' instead of under the head 'Income from house property' and accordingly disallowed ₹ 1,65,000 being 30 per cent of rent received as expenses under s. 24(a) of the IT Act, 1961. 5. At the time of hearing the learned Departmental Representative supports the orders of the AO and the learned CIT(A). ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (supra). 7. In the absence of any distinguishing feature brought on record by the Revenue we, respectfully following the order of the Tribunal (supra), and keeping in view the consistency while admitting the additional ground taken by the assessee hold that the letting out of terrace has to be assessed under the head 'Income from house property' as against 'Income from other sources' assessed by the AO and also allow deduction provided under s. 24 of the Act and accordingly the additional ground taken by the assessee is allowed. Respectfully following the order of the Tribunal (supra), we are of the view that the letting out of the terrace has to be assessed under the head income from house property subject to deduct ..... X X X X Extracts X X X X X X X X Extracts X X X X
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