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2012 (10) TMI 577

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..... first appellate order on the grounds that the ld. CIT (A) is not justified in confirming the action of the Assessing Officer in disallowing the claim of deduction of Lease Rent of Rs.1,40,161/- made by the appellant company u/s 23 of the IT Act from income from the House Property. 2. The facts in brief are that the assessee had debited an amount of Rs.1,40,161/- from the income booked under the h .....

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..... ing charged by NOIDA as property tax. He submitted that before the authorities below, assessee had furnished a copy of allotment letter of the said property to support his contention that payment of lease rent is a mandatory payment, therefore, assessee is entitled for the deduction of the paid lease rent u/s 23 of the Act. The ld. AR also placed reliance on the following decisions: - CIT Vs. Ven .....

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..... e decisions relied upon in view of the arguments advanced by the parties, we find that the assessee has been trying to explain that the lease rent amounting to Rs.1,40,161/- paid by it to the NOIDA is actually tax levied to a local authority in respect of the property in question, within the meaning of the provisions laid down u/s 23 of the Act, hence the assessee is eligible for claiming deductio .....

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