9911796707
TMI Blog1977 (10) TMI 48X X X X Extracts X X X X X X X X Extracts X X X X ..... me. The said salary income was, however, included in his return in the status of individual. The assessment of the HUF was completed on 30th June, 1975 and salary income of Rs. 2,975 was included in that assessment. The individual assessment was completed under s. 143(1) on 31st Jan., 1976 on a total income of Rs. 17,000 and Rs. 2,975 as disclosed was included in that assessment. Later on, the assessee made an application under s. 143(2)(a) dt. 15th March, 1976 and claimed that since the salary income of Rs. 2,975 had already been taxed in the hands of the HUF. the same amount should not have been taxed in the hands of the assessee-individual. The ITO did not accept the assessee's contention and he also observed that if there was any mistak ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... granted under sub-cl. (1) of the second proviso to s. 23(1). The ITO did not grant the exemption because the building was not utilised for residence but was let out for commercial purposes to two parties, namely, Distt. S.S. Board, Jind and Child Welfare Council, Jind. The ITO relied on the Calcutta High Court judgment in the case of The Calcutta stock Exchange Association Ltd., In re. (1935) 3 ITR 105 (Cal). The assessee's claim was not accepted by the AAC also. 5. The learned counsel for the assessee submitted that only requirement under sub-cl. (b) of the second proviso to s. 23(1) was that the building should be a residential unit. The point that he made out was that once the building was constructed as a residential unit it was imm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f his own residence. I have thus no doubt in my mind that the exemption claimed by the assessee is due to him. This exemption is subject to the condition that the income in respect of any residential unit referred to in sub-cl. (b) of second proviso to s. 23(1) is not a loss. The judgment of the Calcutta High Court The Calcutta Stock Exchange Association Ltd. has no application to the facts of the case. 6. The third ground relates to an addition of Rs. 1,000 in wine account. The assessee claimed expenses of Rs. 2,588. These expenses included Rs. 205 being cost of electric fittings and Rs. 1,389 being miscellaneous expenses for which no bills wore furnished. The ITO, therefore disallowed a sum of Rs. 1,000 which was confirmed by the AAC. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . The withdrawals of Atma Ram and sons from the books of Balimal Nawal Kishore amounted to Rs. 11,656 during the previous year. He submitted that in view of those withdrawals, no addition should have made. the facts pointed out by the learned Counsel for the assessee are not controverted by the Revenue's side. In view of the fact that there are withdrawals for householder expenses from the books of Ballimal Nawal Kishore, I am not inclined to sustain any addition on account of low house hold expenses. The addition of Rs. 3,000 is, therefore, deleted. 8. The next ground relates to the disallowance of professional tax of Rs. 450. This ground would be required to be considered only if the salary income of Rs. 2,975 from Bharat Cinema (lesse ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
