TMI Blog2000 (8) TMI 251X X X X Extracts X X X X X X X X Extracts X X X X ..... ces of the case, the CIT(A) erred in law in directing the AO to allow deduction of depreciation and electrical expenses from house property income. 2. For that any other ground or grounds may be allowed to be raised at the time of hearing." 2. In the assessment order, the AO has assessed the rental income of the assessee as income from house property. He has declined to allow depreciation and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as far as depreciation and electrical expenses are concerned. In view of the matter, I would direct the AO to allow the claim of the appellant and to give relief accordingly." 4. In the Departmental appeal it is strongly contended by the learned Departmental Representative that there being no provisions in the IT Act for allowing electrical expenses as well as depreciation, the action of the CI ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o be allowed, the learned counsel of the assessee has relied on the following decisions: (i) Karani Properties Ltd. vs. CIT (1971) 82 ITR 547 (SC); (ii) CIT vs. Jyotsna Rani Saha (1999) 156 CTR (Cal) 443; (iii) CIT vs. Kanak Investments (P) Ltd. (1974) 95 ITR 419 (Cal); and (iv) CIT vs. Naga Mills Tea Ltd. 1973 CTR (SC) 329 : (1973) 89 ITR 236 (SC). It has been held in all the above-ment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... letting value of the building is required to be computed on the basis of the apportionment in respect of the building and necessary deductions as allowable under s. 24 of the Act are to be allowed therefrom. There cannot be any doubt about the fact that depreciation on the building is not allowable in such circumstances. So far as, however, the apportionment of the rent corresponding to the lettin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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