TMI Blog2016 (8) TMI 367X X X X Extracts X X X X X X X X Extracts X X X X ..... from the house property was found to be taxed under the head of income form house property. These findings were not challenged by the revenue meaning thereby the revenue has accepted this contention. No doubt in the said circumstances the income of the assessee is liable to be treated as under the head income from house property and accordingly the assessee would also to be entitled for the consequential benefit as per law. - Decided in favour of assessee - I.T.A. No.1706/Mum/2010 & I.T.A. No. 3724/Mum/13 - - - Dated:- 29-6-2016 - SHRI R.C.SHARMA, AM AND SHRI AMARJIT SINGH, JM For The Assessee : Shri Pradip N. Kapasi For The Department : Shri N.P.Singh ORDER PER AMARJIT SINGH, JM: The assessee has filed the above mentioned two appeals against the order dated 13.01.2010 and 24.02.2010 passed by the Commissioner of Income Tax (Appeals) 25, Mumbai [hereinafter referred to as the CIT(A) ] relevant to the A.Y.2005-06 2006-07. Since the parties are the same and the matter of controversy is also Assessee by: Shri Pradip N. Kapasi Department by: Shri N.P.Singh same, therefore in the said circumstances these appeals are being taken up together for adjudicatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r statutory deduction of 30% and also for proving that she continues to conduct money lending business for which business expenditure are incurred. (b) Your appellant submits that before taking different view of the matter as submitted and accepted by the department in earlier years, the reasonable opportunity should have been given to her. (c) Your appellants pray that an order of assessment passed in violations of natural justice be quashed. 4. LEVY OF INTEREST U/S.234A, 234B AND 234C (a) The CIT(A) once again erred in law in confirming the levy of interest u/s.234A, 234B and 234C b incorrect calculations and further erred in levying interest without giving any opportunity of hearing and without passing any speaking order. (b) Your appellants deny any liability to payment of interest and without prejudice the interest charged suffered from errors in calculations and further submit that the interest was charged in violation of the provisions of the Natural Justice in as much as no opportunity for hearing was given and that no order was passed for levy of interest suggesting levy of interest without application of mind to the facts of the case. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... A.Y.2007-08. On the other hand the representative of the department has relied upon the order passed by the CIT(A) in question. Before discussing the matter of controversy we are of the view that it is necessary to advert the finding of the CIT(A) on this issue on record:- 8. I have heard the learned A.R. of the assessee. I have also gone through the submission and various supporting documents placed before me. The A.O. has t rated the income from House Property declared by the appellant as Income from Other Sources on the ground that the assessee is not the owner of the concerned properties. The appellant has submitted that in view of the provisions of section 27(iiib) r.w.s269UA(f), the appellant is a deemed owner of the aforesaid properties and hence, rent income received there from, is taxable under the head income from House Property. 8.1 As per provisions of section 22 of the Income Tax Act, 1961 the annual value of property consisting of any buildings or lands appurtenant thereto of which the assessee is the owner shall be chargeable to income under the head Income from house property . Hence, for any rent income to be taxable under the head Income from house proper ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cceptable and rent income received in respect of the said properties is taxable under the head Income from House Property. Therefore, disallowance made by the A.O. of ₹ 1,02,465/- in respect of standard deduction @ 30% of Annual Value is, thus, deleted. This ground of appeal is, thus allowed. 4.1 The department has dealt the matter of controversy in the assessee s own case for the A.Y.2007-08. In view of the above said observations made by the CIT(A) in the assessee s own case, the assessee s income from the house property was found to be taxed under the head of income form house property. These findings were not challenged by the revenue meaning thereby the revenue has accepted this contention. No doubt in the said circumstances the income of the assessee is liable to be treated as under the head income from house property and accordingly the assessee would also to be entitled for the consequential benefit as per law. ISSUE NO.2 3:- 5. The issue no.2 3 are not pressed by the assessee, therefore, these issues are decided in favour of the revenue against the assessee. ITA NO.3724/Mum/2010 (2006-07):- 6. The facts of the case are similar to the fac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... property being owned for more than 12 years and proof of ownership of Koyaji Chawl were produced and were furnished including those required as per the law. (c) Your appellants pray that an order of assessment passed in violations of natural justice be quashed. 4. LEVY OF INTEREST U/S. 234B AND 234C (a) The CIT(A) once again erred in law in confirming the levy of interest u/s.234A, 234B and 234C b incorrect calculations and further erred in levying interest without giving any opportunity of hearing and without passing any speaking order. (b) Your appellant denies any liability to payment of interest and without prejudice the interest charged suffered from errors in calculations and further submit that the interest was charged in violation of the provisions of the Natural Justice in as much as no opportunity for hearing was given and that no order was passed for levy of interest suggesting levy of interest without application of mind to the facts of the case. (c) Your appellant prays that the interest so levied be deleted. ISSUE NO.1: - 8. The matter of controversy under this issue has already been adjudicated while deciding the issue n ..... X X X X Extracts X X X X X X X X Extracts X X X X
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