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2019 (2) TMI 527

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..... the heads stated hereinabove and are not relatable to the subleasing of the property as contended by the AO. Therefore, we are of the view, whether the expenses are relatable purely to the business of subleasing the property, or expenses incurred in the regular course of business, is a matter of fact, which is to be considered by the AO. We are of the view that the matter requires to be remande .....

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..... ted for scrutiny, the Assessing Officer completed the assessment under Section 143(3) of the Income Tax Act, 1961, (for short, the Act ) and computed the total income at ₹ 7,09,100/-. A sum of ₹ 3,04,345/- was disallowed. Aggrieved by the same, an appeal was preferred before the Commissioner of Income Tax (Appeals), which was dismissed. Thereafter, an appeal was preferred before the T .....

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..... the income and came to the conclusion that the expenses as claimedby the assessee are relatable to the business of subleasing a property. That the expenditure incurred by the assessee towards depreciation , interest on vehicle , electricity charges and telephone charges are in the course of his business. When these arenot expenses directly relatable to the subleasing of the property, the Ass .....

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..... are not relatable to the subleasing of the property as contended by the Assessing Officer. Therefore, we are of the view, whether the expenses are relatable purely to the business of subleasing the property, or expenses incurred in the regular course of business, is a matter of fact, which is to be considered by the Assessing Officer. 6. In these circumstances, we are of the view that the matte .....

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