TMI Blog2016 (11) TMI 1673X X X X Extracts X X X X X X X X Extracts X X X X ..... by the Tribunal in para 14 of its order. We further noticed that the Tribunal upheld the view taken by the ld. CIT(A) in para 14.4 of its order. Consistent with the view taken therein, we uphold the order passed by the ld. CIT(A) on this issue. - Decided against revenue. Disallowance of part of interest expenditure by treating the same as relating to WIP - CIT(A) noticed that he has considered an identical issue in A.Y. 2009-10 and has accepted the claim of the assessee and accordingly by following the same, the ld. CIT(A) set aside the order passed by the A.O. on this issue - HELD THAT:- As decided in own case [ 2016 (6) TMI 1399 - ITAT MUMBAI] issue decided against revenue Addition of notional interest to the rental income - A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the ld. CIT(A) that these amenities constitute integral part of the house property. Since there is no change in facts, consistent with the view taken by the Tribunal in AY 2009-10, we uphold the order passed by the ld. CIT(A) in this year also on this issue. - I .T.A. No. 2012/Mum/2015 - - - Dated:- 29-11-2016 - SHRI B.R. BASKARAN, ACCOUNTANT MEMBER AND SHRI RAVISH SOOD, JUDICIAL MEMBER For The Revenue : Shri G. Navitha Kumar For The Assessee : Shri Sameer G. Dalal ORDER PER B.R. BASKARAN, A.M This appeal, filed by the Revenue, being ITA No. 2012/Mum/2015, is directed against the appellate order dated 30th January, 2015 relates to the A.Y. 2010-11. 2. The grounds of appeal urged by the Revenue in the appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing the claim of the assessee for treating the same as revenue expenditure. The ld. CIT(A) noticed that the assessee has incurred these expenditure as per contractual obligation in the joint venture project as per the agreement entered into with M/s Lokmanya Pan Bazar Association Ltd. and M/s Godrej Properties and Investment Ltd. He further noticed that identical disallowance made by the A.O. in the immediately preceding year has been allowed by him. Accordingly, by following the decision rendered by him in A.Y. 2009-10, the ld. CIT(A) set aside the order of the A.O. and held that the entire claim if allowable as revenue expenditure. 5. At the time of hearing, it was pointed out to us that the order passed by the ld. CIT(A) in A.Y. 2009- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... received interest income. Accordingly it was claimed that the A.O. was not justified in allocating the part of interest expenditure to the on-going joint venture project. The ld. CIT(A) noticed that he has considered an identical issue in A.Y. 2009-10 and has accepted the claim of the assessee and accordingly by following the same, the ld. CIT(A) set aside the order passed by the A.O. on this issue. 8. At the time of hearing, it was pointed out that the order passed by the ld. CIT(A) in A.Y. 2009-10 was challenged by the Revenue by filing appeal before the Tribunal and the Tribunal vide its order dated 24th June, 2016 passed in ITA No. 4760/Mum/2012 (supra) has upheld the view taken by the ld. CIT(A). 9. We have gone through the order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Tribunal. 12. We have gone through the order passed by the co-ordinate Bench of this Tribunal for A.Y. 2009-10 in ITA No. 4960/Mum/2010 dated 24th June, 2016 and noticed that an identical issue was discussed by the Tribunal in para No. 7 of its order and in para No. 7.3 of the order, the Tribunal has upheld the view taken by the ld. CIT(A). We have also noticed that the ld. CIT(A) has followed the decision rendered by the Hon ble Delhi High Court in the case of Asian Hotel Ltd. (supra). Accordingly, we uphold the order passed by the ld. CIT(A) in this year also on this issue. 13. The last issue urged by the Revenue relates to the head under which hire charges for amenities was assessable. The assessee declared the hire charges receiv ..... X X X X Extracts X X X X X X X X Extracts X X X X
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