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2022 (5) TMI 610 - ITAT MUMBAITreatment of rental income under house property - Disclosure of rental income received from the property by the assessee as business receipts and the assessee has claimed the other expenditure against the business receipts - AO has recomputed the rental income under income from house property and applied the provisions of Sec. 23(1)(a) of the Act in respect of annual value of the property and assessed the total income after allowing the deduction of municipal taxes paid and deduction u/s 24(a) - HELD THAT:- On perusal of the grounds of appeal raised by the assessee, the contentions are that the assessee is a private limited company and certain statutory fixed expenditure has to be incurred even though there is no business activities. In the course of hearing, we found that the assessee has not filed any supporting evidences to substantiate the claim except the papers/ orders filed along with the appeal memo. On perusal of the facts, prima-facie the claim of business expenses against the rental income in not a prudent practice. We are of the opinion that the CIT(A) has considered the facts, circumstances, provisions of the Act, judicial decisions, and the assessee own case for the A.Y 2010-11 of his predecessor and sustained the addition and passed the reasoned order. Accordingly, we do not find any infirmity in the order of the CIT(A) and uphold the same and dismiss the grounds of appeal of the assessee.
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