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2024 (4) TMI 137 - AT - Income TaxCorrect head of income - 'Income from House Property’ or ‘Income from other Sources’ - taxing gross composite rental income received from let out building space along with inbuilt infrastructure and other amenities - HELD THAT:- We find force in the contention of the Counsel that the impugned quarrel is coming from earlier assessment years wherein it has been decided in favour of the assessee and against the Revenue [2022 (8) TMI 1502 - ITAT DELHI] wherein Tribunal recorded its unequivocal finding that the lease deed under consideration was composite one and that it answered the description u/s 56(2)(iii) of the Act. Another objection of the Revenue that it is related party transaction has also been rejected by the Tribunal by saying that no adverse view has been taken in determination of ALP with AE by the Ld. TPO nor provisions of Section 40A(2) have ever been invoked. Thus decided in favour of the assessee with the direction to the Ld. AO to follow the decision of the Hon'ble Delhi High Court in Jay Metals [2017 (7) TMI 618 - DELHI HIGH COURT] in respect of the assessee's claim of expenses and depreciation u/s 57 - Decided in favour of assessee. Alternate remedy for challenging Scrutiny assessment - disallowance made while processing the return u/s 143(1) - HELD THAT:- As intimation passed u/s 143(1) of the Act goes into oblivion once this scrutiny assessment is framed. The intimation passed u/s 143(1) of the Act can be questioned u/s 154 of the Act by way of a rectification application. The assessee can also file an appeal against the said intimation before the First Appellate Authority. In the case under consideration, we find that though the assessee has preferred rectification application before the CPC / AO but has not received any plausible reply / order. We are of the considered view that the remedy is available elsewhere and as the assessee has triggered the available remedy it would be appropriate to consider the remedy there . The remedy sought by the assessee is not available from this forum. Decided against assessee. Non-granting of full tax credit - HELD THAT:- AO is duty bound to allow the tax credit of all the taxes paid by the assessee for the year under consideration. Therefore, we direct the AO to give full tax credit after due verification as per the provision of the law. Ground is allowed for statistical purpose
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