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2015 (10) TMI 807 - AT - Income TaxRectification of mistake - administrative expenses has been directed by the Tribunal to be disallowed even when, there was no specific ground taken by the Revenue and, secondly, the depreciation has been disallowed even on the portion of the premise, on which the assessee was using it for its own business purpose i.e., it was having its office in the said premises - whether the income from business centre should be treated as “business income” or “income from house property”? - Held that:- Insofar as the administrative expenditures are concerned, the Assessing Officer himself has worked out the disallowance of administrative expenditure after allocating on the basis of the receipts of the house property from the total receipts. This was a very reasonable basis for allocating administrative expenditure and once the income has been assessed as income from house property, then whatever administrative expenditure is pertaining to income from house property gets disallowed. There is no mistake apparent from record insofar as the direction of disallowance of administrative expenditures are concerned because what is disallowable is only 16% of the administrative expenses. As regards the second plea of depreciation that, at least it should have been allowed on the portion of the property used by the assessee for its office use, we find that no such ground has been raised by the assessee nor any specific plea was made. Besides this, the Tribunal has directed to disallow the deprecation, which was a logical corollary when the leasing income has been held to be assessed under the head “income from house property”. Thus, there is no mistake apparent from record which can be said to be rectifiable within the ambit of section 254(2). The assessee’s miscellaneous application is thus dismissed.
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