9911796707
TMI Blog2021 (1) TMI 203X X X X Extracts X X X X X X X X Extracts X X X X ..... 7, 2018 passed by the Commissioner of Income Tax (Appeals) - 53, under section 253 of the Income Tax Income Tax Act, 1961, 1961 (Act) on the following ground: Ground No.1: Addition in respect of rent income received 1.1 On the fats and circumstances of the case, the learned Commissioner of (Appeal)- 53, ('learned CIT(A)') has erred in adding a sum of Rs. 11,78,100/- on account of rent income received by the Appellant from two of its members under section 22 of the Income Tax Act,1961 ('Act'). 1.2 In doing, so the learned CIT(A) erred in the disregarding the concept of mutuality. 3. Brief facts of the case are that the Assessing Officer called for the details of income and expenditure incurred during the year. It was found tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... olis Knowledge Park (TKP) building is a joint venture between M/s. Nelco Ltd. (land owner) and M/s. Tata Housing Development Company Ltd. (developer). The property comprises of built-up area of 351805 sq. ft. with 121 units. It comprises of a basement, ground and five floors. The project commenced in 1997 and TKP was registered as Technopolis Premises CHS Ltd. in 2010. 7. It is noted that the amount of Rs. 11,78,100/- is reflected under "Rent and Other Charges" under Contribution from Members in Schedule I of the Income and Expenditure account. The appellant has not addressed why, how and what premises were rented to M/s.Samsara Shipping Pvt. Ltd. and M/s. Tata Power Co. Ltd. How and why other members of the society do nto have access to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e have not been discussed in the orders of the authorities below. The learned CIT appeals has raised certain queries in his appellate order. It is not discernible that he has confronted the assessee with the same. He has written in his order that assessee has not shown factual details. In my considered opinion, unless CIT appeal puts it across to the assessee, the assessee cannot comply with the learned CIT appeals questions which are in CIT appeals mind. It is further noted as above that learned counsel of the assessee has submitted certain materials including the rental agreements, copies of bylaws , a sketch of the rented portion and certain case laws also. 8. I further note that the assessing officer has wondered as to how the assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X
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