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2004 (10) TMI 62 - HC - Income TaxRelief under proviso (c) to section 23(1) - we find that from the very beginning the property has been let out to the Fertilizer Corporation of India Ltd. for non residential use. Even when the construction of the ground floor of the building was made it was let out to the Fertilizer Corporation of India Ltd. Thus, the intention of the applicant from the very beginning was to construct the building for non-residential purpose. In order to claim the benefit of deduction under clause (c) of the second proviso to section 23(1) of the Act from the annual value the unit should be a residential unit. - In view of the foregoing discussions, the applicant was not entitled for deduction under clause (c) of the second proviso to section 23(1)
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