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TMI Blog2018 (4) TMI 443X X X X Extracts X X X X X X X X Extracts X X X X ..... the circumstances of the case and in law, the learned Commissioner (Appeals) erred in deleting the addition of deemed rent amounting to Rs. 4,89,46,330, without appreciating the fact that the assessee failed to provide the information about monthly rental income of all the tenants compelling the Assessing Officer to adopt the monthly rental income of the tenants rationally. 2. On the facts and in the circumstances of the case and in law, the learned Commissioner (Appeals) erred in deleting the addition of Rs. 1,06,821, made by the Assessing Officer in reworking of capital gains by recalculating the indexed cost of acquisition." 3. Brief facts, apropos ground no.1 are, the assessee a partnership firm is engaged in the business of real e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issioner (Appeals). 4. The learned Commissioner (Appeals) having found that in assessee's own case for assessment year 2003-04, 2004-05 to 2006-07, the Tribunal has deleted the addition made by the Assessing Officer on account of deemed rental income, followed the same and deleted the addition made by the Assessing Officer in the impugned assessment year as well. 5. We have heard rival submissions and perused material available on record. The learned Counsel appearing for both the parties have agreed before us that the issue in dispute stands decided in favour of the assessee by the decisions of the Tribunal in assessee's own case for earlier assessment years. On a perusal of record, it is seen that the issue relating to deemed rental inc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d Commissioner (Appeals). 8. The learned Commissioner (Appeals) after verifying the material on record found that in respect of some properties assessee has shown the value lesser than the value determined by the approved valuer, whereas, in few cases, the value shown the assessee was more than the value determined by the Government approved valuer. However, if the facts are seen in totality in respect of all the properties, it was found that the value adopted by the assessee was at a lower figure than the value determined by the Government approved valuer. Keeping in view such facts, the learned Commissioner (Appeals) held that the Assessing Officer should not have considered only few properties in respect of which the assessee's valuatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nue's appeal is dismissed. ITA no.4733/Mum./2016 Assessee's Appeal 11. The only ground raised by the assessee is in respect of disallowance of expenditure incurred towards legal and professional charges amounting to Rs. 2.41 lakh. 12. Brief facts are, during the assessment proceedings, the Assessing Officer noticing that the assessee has claimed deduction of Rs. 2.41 lakh on account of legal and professional charges called upon the assessee to justify the claim of deduction. In response to the query raised by the Assessing Officer, the assessee furnished necessary details of legal and professional charges and submitted that since the expenditure was incurred to protect assessee's right over the properties it is an allowable expenditur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ore us by the learned Authorised Representative that only a part of the property was let out and other part is used for business purpose. We find the aforesaid factual aspect has not been examined by the Departmental Authorities. Therefore, we are inclined to restore the issue to the file of the Assessing Officer for verifying assessee's claim that part of the property is also used for business. If assessee's claim is found to be correct, the expenditure incurred towards legal and professional charges should be allowed. Ground is allowed for statistical purposes. 17. In the result, assessee's appeal is allowed for statistical purposes. 18. To sum up, Revenue's appeal is dismissed and assessee's appeal is allowed for statistical purposes. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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