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TMI Blog2018 (3) TMI 1159X X X X Extracts X X X X X X X X Extracts X X X X ..... ould not be taxed applying the provision of Section 23(1)(c) - Held that:- Any part of the property was vacant then only actual rent had to be taken and not any amount received or receivable on the basis of annual valuation. The decision in the case of RUSSEL PROPERTIES PVT. LTD.(1981 (11) TMI 43 - CALCUTTA High Court) as held Tribunal was correct in law in holding that the service and maintena ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y owned by the assessee, which was vacant during the year, on correct interpretation of the amended provisions of section 23(1)(c) of the Income-tax Act, 1961 ? (ii) Whether on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal is correct in deleting the addition of ₹ 1,49,71,491/- being service charges and depreciation of the property owned by the assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essee was that the service charges received from the occupiers/tenants ought to be taxed as business income and not income from house property and depreciation should have been allowed. The assessing officer went against the assessee on both these counts but the assessee s stand was upheld by the Commissioner of Appeals. The opinion of the Commissioner was that in the event any part of the prop ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ROPERTIES PVT. LTD.[ 137 ITR 473 (Cal)] Having gone through the materials on record, we do not find any distinguishing feature so far as this appeal is concerned vis- -vis the decision of the Coordinate Bench in relation to the earlier assessment year. The decision in the case of RUSSEL PROPERTIES PVT. LTD.(supra) squarely covers the points raised in this appeal and the ratio is in favour of th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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