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TMI Blog2016 (7) TMI 1508X X X X Extracts X X X X X X X X Extracts X X X X ..... the Act should be allowed as he has claimed income from house property, but in the light of the fact that when the assessee has claimed depreciation on this business asset, it is of the view that the assessee cannot claim the property to house property as well as the business assets. Once it is an house property, the depreciation cannot be allowed but the assessee claimed depreciation on this prop ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llowing grounds: 1) That the Id. CIT(A), Bareilly erred on facts and in law is passing ex-parte order ignoring the adjournment application sent very before the date of hearing as the A.R was to appear before the Income Tax Appellate Tribunal, Lucknow in connection with other appeal. 2) That the Id. CIT(A), Bareilly erred on facts and law is confirming the action of the A.O. where the deduct ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it is evident that the CIT(A) has issued various notices and the assessee sought adjournment for one reason or the other and finally Ld. CIT(A) has disposed of the appeal on merit in the absence of the assessee. I, therefore, find no infirmity in the order of the CIT(A) in this regard and I confirm the order of the CIT(A). Accordingly, Ground No.1 is rejected. 3. Apropos Ground No.2, I find th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... owed against the income from house property and not against the business income of the assessee. Against the business assets only depreciation can be allowed and not the deduction u/s 24 of the Act. Therefore, I find no merit on this ground of the assessee. Accordingly, I dismiss the same and confirm the order of CIT(A) in this regard. 4. Apropos Ground Nos. 3 and 4 are concerned, I find that a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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