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2014 (9) TMI 1079 - ITAT KOLKATAReopening of assessment - ingenuity of gift - Held that:- A perusal of the assessment order clearly shows that the donors had appeared in response to the notice under section 131 and confirmed giving gifts to the assessee’s minor son. This being so as also on account of the fact that the gifts had been given by a/c. payee cheques and the amount of gifts being nominal thus the addition, as made by the AO and confirmed by the ld. CIT(A) in respect of gifts received by the assessee’s minor son for the relevant assessment year from the four donors, stands deleted. Statutory deduction under section 24(a) of the Act in respect of rental income assessable under the head “Income from house property” - Held that:- We have considered the rival submissions. As it is noticed that the AO has denied the benefit of deduction under section 24(a) on the ground that the assessee has not claimed the benefit in the return filed under section 148 and on the ground that the rent from land is not eligible for deduction under section 24(a), this issue is restored to the file of the AO for re-adjudication. It is noticed that the ld. CIT(A) has also not adjudicated on the issue. In these circumstances, this issue is restored to the file of the AO for re-adjudication. If the assessee is entitled to the benefit of deduction and complies with the statutory requirement, the assessee should be granted benefit of the deduction.
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