TMI Blog2016 (2) TMI 1273X X X X Extracts X X X X X X X X Extracts X X X X ..... the totality of facts and the circumstances, we are of the view that income from house property is required to be computed on the basis of actual/bonafide rental value of letting out of the property. The municipal taxes and maintenance charges, which the assessee has undisputedly paid, has to be reduced from the rental income. Thereby, to ascertain the actual value such charges has to be excluded from the rent. Our view find support from the decision in the case Neelam Cable Manufacturing Company [ 1997 (8) TMI 102 - ITAT DELHI-A] and another decision of the Mumbai Bench of the Tribunal in Bombay Oil Industries [ 2000 (11) TMI 1225 - ITAT MUMBAI] in Sherrif Construction [ 2008 (12) TMI 761 - ITAT, BANGALORE] . The ratio laid down in CIT v ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ITAT INDORE] . Following the aforesaid decisions, this ground of the assessee is allowed. - ITA NO. 839/Mum/2014 - - - Dated:- 3-2-2016 - Shri G.S. Pannu, Accountant Member And Shri Joginder Singh, Judicial Member For the Assessee : Shri R. K. Bothra For the Revenue : Shri Pramod Nikalje ORDER Per Joginder Singh (Judicial Member) The assessee is aggrieved by the impugned order dated 17/12/2013 of the ld. First Appellate Authority, Mumbai. The first ground raised in this appeal pertains to holding that municipal taxes and maintenance charges, amounting to ₹ 30,807/- is not deductible while determining the income from house property. 2. The crux of argument advanced by Shri R.K. Bothra, ld. counsel for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d. Assessing Officer and also the ld. DR, asserts that necessary details were not furnished. This assertion is contradicted by the finding contained in para -2 of the assessment order itself. Keeping in view, the totality of facts and the circumstances, we are of the view that income from house property is required to be computed on the basis of actual/bona-fide rental value of letting out of the property. The municipal taxes and maintenance charges, which the assessee has undisputedly paid, has to be reduced from the rental income. Thereby, to ascertain the actual value such charges has to be excluded from the rent. Our view find support from the decision in the case of mother of the assessee, Mrs. Amarjit Kaur Kohli vs ITO, ITA No.588/Mum ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... DTR (Ind.)(Trib.) 20, order dated 17/11/2014. On the other hand, ld. DR, defended the conclusion arrived at in the impugned order. 3.1. We have considered the rival submissions and perused the material available on record. The facts, in brief, are that the ld. Commissioner of Income Tax (Appeals) made observation that in computation of total income, there is apparent mistake interest paid has been claimed at ₹ 5,22,592/-, which is not allowable as per the provisions of section 24 of the Act, therefore, the ld. Assessing Officer was directed to disallow the same, while giving effect to the appellate order. Before this Tribunal, the contention of the assessee is that without issuance of notice u/s 251(2) of the Act, no such decision ..... X X X X Extracts X X X X X X X X Extracts X X X X
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