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TMI Blog2001 (2) TMI 30X X X X Extracts X X X X X X X X Extracts X X X X ..... (1) of the Income-tax Act, 1961 (in short "the Act"). The Income-tax Appellate Tri bunal, Delhi Bench-B ('the Tribunal" in short), referred the following question at the instance of the Revenue for the opinion of this court: "Whether, on the facts and in the circumstances of the case, the Appel late Tribunal was right in law in deleting the addition of Rs.18,423?" At the instance of the assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee from those flats would be assessed under the head 'Income from other sources' and not under the head 'Income from house property'?" The question that essentially arises is whether the property which was first let out with effect from November 1, 1972, could have the benefit of vacancy allowance in terms of section 24(1)(ix) of the Act. As regards the question referred at the instan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aborately deal with the matter and recorded only the following finding: "The first two grounds of appeal pertain to vacancy allowance in respect of the second and third floors of the building 'Sandhya Deep' under the provisions of section 24 of the Act. It is also urged that the authorities below were wrong in assessing the income of the portions of the property which were unoccupied. The conten ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the issue was directly covered by the decision of the apex court, we feel that it would be appropriate if the Tribunal hears the matter afresh only in respect of the issue covered by question No. 1, referred at the instance of the assessee. We make it clear that we have not expressed any opinion on the merits of that issue. References are accordingly disposed of. - - TaxTMI - TMITax - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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