TMI Blog2021 (1) TMI 643X X X X Extracts X X X X X X X X Extracts X X X X ..... needs to be examined on the touchstone of Hon'ble Jurisdictional high Court decision - Thus we restore the disputed issue to the file of the A.O. for limited purpose with similar directions to examine the issue and allow the grounds of appeal of the assessee for statistical purposes. - ITA No. 4605/Mum/2019 - - - Dated:- 7-1-2021 - M. Balaganesh, Member (A) and Pavan Kumar Gadale, Member (J) For the Appellant : Mahendra Gohel, AR For the Respondents : Gurbinder Singh, DR ORDER Pavan Kumar Gadale, Member (J) 1. The assessee has filed the appeal against the order of the Commissioner of Income Tax (Appeals) -24, Mumbai, passed u/s. 143(3) and 250 of the Income Tax Act, 1961. The assessee has raised the following ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the financial statements, the A.O. found that the assessee has claimed deduction u/s. 80IA of the Ac relying on the earlier year orders of the assessee's own case. However the A.O. has disallowed the claim of 80IA of the Act. Further the A.O. found that the assessee was receiving income from house property situated at Nariman Point, Mumbai and it was leased out to IDBI Principle Asset Management Company in the earlier years. The lease was expired, and the assessee company has received 23 days rent pro rata for the F.Y. 2004-05 and after that the premises remained vacant and no rent was received. Therefore, the A.O. is of the opinion that the notional rent has be taxed under the provisions of Sec. 22 and 23 of the Act and issued show ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ions of the assessee has restored the matter to the file of the A.O. with specific directions and prayed for allowing the appeal. 5. Contra, the Ld. DR supported the orders of the Ld. CIT(A). 6. We heard the rival submissions and perused the material on record. The sole disputed issue as envisaged by the Ld. AR is with respect to income from house property considered on notional basis u/s. 23(1)(a) of the Act. The Ld.AR envisaged that for the earlier A.Y. 2012-13 and 2013-14, the Coordinate Bench of the Hon'ble Tribunal has considered the similar issue and with specific directions has restored to the file of the Assessing officer. We consider it appropriate to refer the assessee's own case in ITA No. 7372/Mum/2017 ITA No. 22 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shed aside unless the AO is able to show that there was effort on the part of the assessee to show lesser rent. In this regard we note that Hon'ble Jurisdictional High Court decision is binding upon the Tribunal. As held by Hon'ble Supreme Court in the case Saurashtra kutch Stock Exchange Ltd. (225 ITR 234) not consideration of Hon'ble Jurisdictional High Court decision will render the decision of the ITAT suffering from mistake apparent from record. Accordingly, in our considered opinion the issue in this regard needs to be examined on the touchstone of Hon'ble Jurisdictional high Court decision in the case of Tip Top Typography (supra). In the case of Tip Top Typography (supra), Hon'ble Jurisdictional High Court has he ..... X X X X Extracts X X X X X X X X Extracts X X X X
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