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2016 (11) TMI 1673 - AT - Income TaxCapitalisation of revenue expenditure - CIT(A) noticed that the assessee has incurred these expenditure as per contractual obligation in the joint venture project as per the agreement entered and held that the entire claim if allowable as revenue expenditure - HELD THAT:- As pointed out to us that the order passed by the ld. CIT(A) in A.Y. 2009-10 was challenged by the Revenue by filing appeal before the Tribunal and the Tribunal, [2016 (6) TMI 1399 - ITAT MUMBAI] has upheld the view taken by the ld. CIT(A). As gone through the order passed by the co-ordinate Bench of this Tribunal and noticed that identical issue was considered by the Tribunal in para 14 of its order. We further noticed that the Tribunal upheld the view taken by the ld. CIT(A) in para 14.4 of its order. Consistent with the view taken therein, we uphold the order passed by the ld. CIT(A) on this issue. - Decided against revenue. Disallowance of part of interest expenditure by treating the same as relating to WIP - CIT(A) noticed that he has considered an identical issue in A.Y. 2009-10 and has accepted the claim of the assessee and accordingly by following the same, the ld. CIT(A) set aside the order passed by the A.O. on this issue - HELD THAT:- As decided in own case [2016 (6) TMI 1399 - ITAT MUMBAI] issue decided against revenue Addition of notional interest to the rental income - A.O. took a view that notional interest on interest free deposit is required to be considered as part of rental income in order to arrive at a fair market value of rent u/s 23(1)(a) - A.O. computed the interest @ 12% on the interest free deposits and added the same to the rental income declared by the assessee - CIT-A Deleted the same by following his decision rendered for A.Y. 2009-10 - HELD THAT: - We have gone through the order passed by the co-ordinate Bench of this Tribunal for A.Y. 2009-10 [2016 (6) TMI 1399 - ITAT MUMBAI]and noticed that an identical issue was discussed by the Tribunal in para No. 7 of its order and in para No. 7.3 of the order, the Tribunal has upheld the view taken by the ld. CIT(A). We have also noticed that the ld. CIT(A) has followed the decision rendered by the Hon’ble Delhi High Court in the case of Asian Hotel Ltd. [2007 (12) TMI 274 - DELHI HIGH COURT]Accordingly, we uphold the order passed by the ld. CIT(A) in this year also on this issue. Assessment of hire charges under the head income from house property - HELD THAT:- We noticed that the tribunal has rendered this decision [2016 (6) TMI 1399 - ITAT MUMBAI]wherein it was observed that the amenities provided by the assessee constituted an integral part of the premises, i.e., it was seen that the amenities provided by the assessee consisted of electrical panels, AHU rooms and fire control system, water tanks, elevator etc. In view of the above, the Tribunal has accepted the view of the ld. CIT(A) that these amenities constitute integral part of the house property. Since there is no change in facts, consistent with the view taken by the Tribunal in AY 2009-10, we uphold the order passed by the ld. CIT(A) in this year also on this issue.
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