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2018 (12) TMI 1262 - ITAT MUMBAIIncome received by way of rent & service charges offered - Business income OR Income from House Property - Held that:- As decided in assessee's own case for previous AY in course of hearing before the Commissioner (Appeals) the assessee had submitted similar additional evidences for consideration of the Commissioner (Appeals) and to impress upon the fact that by virtue of these additional evidences holding the assessee as a monthly tenant, the decision of the Tribunal in earlier assessment years cannot be followed. It is apparent on record, learned Commissioner (Appeals) has totally ignored such evidences filed by the assessee. Therefore, keeping in view the decision of the Tribunal in assessee’s own case for assessment year 2008–09 and 2009–10 as referred to above, we restore the issue to the file of the Assessing Officer for de novo adjudication after due opportunity of being heard to the assessee Nature of certain capital gains earned by the assessee during impugned AY and applicable tax rate thereupon - Sale of flat - STCG OR LTCG - Held that:- Factual matrix that depreciation under the Income Tax Act was never claimed by the assessee against the flat and the said flat was never used as a commercial asset remained unrebutted. The revenue could not bring on record any material to controvert the same whereas LD. AR, drawing our attention to the computation of income for past several years, demonstrated that the depreciation was never claimed by the assessee under Income Tax Act against the said flat. This being the case, no fault could be found with the conclusions of first appellate authority. This ground stands dismissed.
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