TMI Blog1991 (6) TMI 6X X X X Extracts X X X X X X X X Extracts X X X X ..... een referred to this court : " Whether, on the facts and in the circumstances of the case, the income from house property was assessable in the hands of the assessee ?" The facts leading to this reference are that the assessee, a private limited company, was dealing in gram, chana and chuni and it had no manufacturing activities. It was also the owner of a property at 58/2, Ballygunge Circular ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ncometax (Appeals) rejected the claim of the assessee. He also rejected the claim of the assessee for deduction of legal charges of Rs. 5,264 on the ground that there was no such provision for deduction under section 24(1) of the Act. Being aggrieved, the assessee moved the Tribunal. Before the Tribunal, a paper book had been filed on the basis of which it was contended that, as the ejectment su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unal, after considering the facts and the submissions advanced by both the sides upheld the view point of the Commissioner of Incometax (Appeals). At the hearing before us, Mr. Murarka, learned counsel for the assessee, has reiterated the contentions which were raised before the Tribunal. On the facts and in the circumstances of the case, we are, however, unable to accept the contention of the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or capacity of the owner to let out the property or on its own power to receive rent or income from bona fide annual value. Merely because the assessee has filed an ejectment suit or the assessee is not collecting rent or occupation charges, as the case may be, which are being deposited by the tenant to the Rent Controller, it cannot be said that the annual value cannot be assessed. Whether the ow ..... X X X X Extracts X X X X X X X X Extracts X X X X
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