TMI Blog2014 (9) TMI 1079X X X X Extracts X X X X X X X X Extracts X X X X ..... able under the head “Income from house property” - Held that:- We have considered the rival submissions. As it is noticed that the AO has denied the benefit of deduction under section 24(a) on the ground that the assessee has not claimed the benefit in the return filed under section 148 and on the ground that the rent from land is not eligible for deduction under section 24(a), this issue is restored to the file of the AO for re-adjudication. It is noticed that the ld. CIT(A) has also not adjudicated on the issue. In these circumstances, this issue is restored to the file of the AO for re-adjudication. If the assessee is entitled to the benefit of deduction and complies with the statutory requirement, the assessee should be granted benefit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as a submission that all the four donors had appeared and had confirmed giving of the gifts to the assessee s minor son. It was a submission that the ld. AO did not accept the claim of gift and had made the addition on account of receipt of gifts as deemed income of the assessee on the ground that creditworthiness of the three donors were not proved and in respect of Smt. Santhalia, there was no reason for her to give the gift. It was a submission that on appeal, the ld. CIT(A) had confirmed the order of the AO. It was a submission that the donors having appeared before the AO and having confirmed the transaction, no addition was called for in the hands of the assessee. 5. In reply, the ld. DR vehemently supported the orders of the AO an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... AO has denied the benefit of deduction under section 24(a) on the ground that the assessee has not claimed the benefit in the return filed under section 148 and on the ground that the rent from land is not eligible for deduction under section 24(a), this issue is restored to the file of the AO for re-adjudication. It is noticed that the ld. CIT(A) has also not adjudicated on the issue. In these circumstances, this issue is restored to the file of the AO for re-adjudication. If the assessee is entitled to the benefit of deduction and complies with the statutory requirement, the assessee should be granted benefit of the deduction. 10. ITA No.450/Kol/2012 involves four grounds. Ground no.1 is against the assessment proceedings and is a cha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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