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2019 (3) TMI 203 - AT - Income TaxTraveling expenses claimed against the amount received from house property against use of amenities in the said house property - Deduction u/s.57 on travelling expense against compensation for amenities shown under other source of income - HELD THAT:- The assessee in this case is claiming travelling expenses against the amount received from house property against use of amenities in the said house property. The assessee’s plea is that the assessee had to incur huge expenditure in travelling to India to manage the property. We find that this submission of the assessee has been rejected by the authorities below. We find ourselves in full concurrence that no travelling expenses can be allowed for assessee’s international travel for income received related to house property in India. This is more so when the amount claimed is lump sum without any supporting whatsoever. Assessment of Interest on refund as income - Interest Received u/s 244A - addition to income - return being processed u/s 143(1) - HELD THAT:- Interest on refund granted was withdrawn when the demand of ₹ 24,67,560/- was raised for the same assessment year subsequently. Hence, when the income stood withdrawn there is no question of the assessee offering the same as income. We find that this view also gets support from the ITAT decision in the case of Assistant Director of Income-tax, (International Taxation) - 1(1), Mumbai vs. Credit Agricole Indosuez [2013 (9) TMI 364 - ITAT MUMBAI]. In this case, it was expounded that only that much interest u/s. 244A can be brought to tax which is finally determined on assessment. In the present case, in the final assessment huge demand has been raised and there was no question of assessment of any interest income.
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