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TMI Blog2019 (3) TMI 203X X X X Extracts X X X X X X X X Extracts X X X X ..... irming the action of the Assessing Officer (the 'A.O.') whereby he disallowed Rs. 2,00,000/-, being traveling expenses and other expenses claimed by the Appellant for earning income under the head Income from Other Sources, chargeable / taxable under section 56 of the Income - tax Act, 1961 ('the Act'). 2. The Id. CIT (A) erred in confirming the action of the A.O. whereby he assessed the interest of Rs. 1,57, 692/-, received by the Appellant during the year on income tax refund for A.Y. 2009 - 10 upon its return being processed under section 143 (1) of the Act. Apropos ground no. 1: 3. Brief facts of the case are as under: The assessee is a non-resident individual showing income from House property, short term capita ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h income. There is nothing to suggest that this is the fact of the circumstances of the appellant. Therefore, in the light of this I am in agreement with the AO that Rs. 2 lakhs of expenses claimed on account of travelling and other expenses would not be liable. The ground of appeal is thereby rejected. 5. Against the above order, the assessee is in appeal before us. 6. We have heard both the counsel and perused the records. We find that the assessee in this case is claiming travelling expenses against the amount received from house property against use of amenities in the said house property. The assessee's plea is that the assessee had to incur huge expenditure in travelling to India to manage the property. We find that this submission ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be considered as income of the assessee. Upon the assessee's appeal, the ld. Commissioner of Income Tax (Appeals) upheld the action of the Assessing Officer. 9. Against the above order, the assessee is in appeal before us. 10. We have heard both the counsel and perused the records. We find that the assessee has received an interest on refund for assessment year 2009-10 in the present assessment year on 31.03.2011. The said cheque was encashed subsequently. Subsequently, vide assessment order passed u/s. 143(3) on 08.12.2011 for the same assessment year a total demand of Rs. 24,67,560/- was raised which included the refund granted earlier. Thus, the refund granted earlier stood withdrawn. Hence, the assessee's claim is that the interest o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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