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2017 (12) TMI 295 - AT - Income TaxDeduction of maintenance charges and non-occupancy charges paid to the society, from the rent received by the assessee - Held that:- We find that Ld. CIT(A) while deciding these grounds have taken into consideration the facts of the present case as well as judgments passed by the Coordinate Bench of Hon’ble ITAT in the case of Sharmila Tagore Vrs. JCIT [2004 (6) TMI 591 - ITAT MUMBAI] wherein it has been held that the maintenance charges and non-occupancy charges paid to the society is to be deducted from the rent received by the assessee. Right to 'more enjoyment' of the property - compensation for the impairment of the right of more enjoyment - Capital or revenue receipt - Held that:- Hon’ble Bombay High Court in the case of CIT vrs. Abhasbhoy A Dehagamwalla [1991 (4) TMI 38 - BOMBAY High Court] supported the case of the assessee as by signing the agreement, the assessee has accepted an impairement or injury to its right of ‘more beneficial enjoyment’ of his own property. Therefore, the Ld. CIT(A) has rightly concluded that the amount of ₹ 81,59,061/- received by the assessee in 'settlement of the dispute was rightly taken as compensation for the impairment of the right of more enjoyment. It was also rightly concluded that since the immovable property itself is capital in the hands of the assessee, therefore the right to 'more enjoyment' of this property should also be capital in nature. - Decided against revenue
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