TMI Blog2014 (8) TMI 940X X X X Extracts X X X X X X X X Extracts X X X X ..... filed by the assessee emanates from the order of CIT (Appeals)-XXI, New Delhi dated 18.07.2012 for the assessment year 2009- 10. 2. The assessee, Smt. Neelam Kaur Chhabra and her husband, Shri P.S. Chhabra purchased a property at Aditya Mega Mall, CBDT, Shahdara, Delhi- 110 032. This property was let out during the relevant year and in the rent agreement, the rent was to be shared 50% each. Howev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... during the year from Dr. Shikhas Nutri-Health Systems Pvt. Ltd., which belongs to the husband Mr. P.S.Chhabra. 3. The Hon'ble Commissioner of Income Tax (Appeals) has accepted in his order that we have filed all the relevant papers including Title Deed and Rent Agreement about the property at Aditya Mega Mall, CBDT, Shahdara, Delhi-110032. 4. The Hon'ble commissioner has considered that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... only the content of the sale deed is important where it is clearly mentioned about the name of both the purchasers. 5. About the condition attached to Rule 37BA(2) of the Income Tax Rules 1962 if they are not satisfied, only thing that will happen is that the joint owner will not get the credit for TDS. 6. In view of above we submit that there is no reason for adding the second half of income b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ground to draw an adverse inference with regard to the ownership of the property. As per sale deed, Smt. Neelam Kaur Chhabra and her husband were the owner of the property at 50% each. The rent agreement also provided with regard to the rent to be paid to these co-owners. The whole rent was credited in the account of Smt. Neelam Kaur Chhabra and TDS was also deducted in her name. However, Shri P.S ..... X X X X Extracts X X X X X X X X Extracts X X X X
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