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2012 (2) TMI 97 - AT - Income TaxOption u/s 23(4) to choose one property as self-occupied - assessee in possession of 3 properties out of which one is partly let out and partly self occupied – property at Malviya Nagar, Delhi stated to be self-occupied in ROI – assessee during assessment proceedings exercised the option u/s 23(4) in favor of property at GK-1 and offered Malviya nagar property as deemed to be let out – Revenue contending otherwise - Held that:- In addition to aforesaid, even Palam Vihar property is stated to be partly let out and partly self occupied in ROI. We find that neither the AO nor CIT(A) recorded any findings as to which are the properties in the instant case which fall within the purview of s. 23(2) In these circumstances, we restore the matter to the file of the AO with the directions to identify the properties which fall within the purview of s. 23(2) and allow the assessee option mentioned in s.23(4) - Decided in favor of assessee for statistical purposes.
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