TMI Blog2022 (1) TMI 1206X X X X Extracts X X X X X X X X Extracts X X X X ..... ce, the ground of appeal of the assessee is allowed. - ITA No. 449/AHD/2019 - - - Dated:- 28-1-2022 - Shri Rajpal Yadav, Vice President And Shri Waseem Ahmed, Accountant Member For the Assessee : None For the Revenue : Shri S.S. Shukla , Sr.D.R ORDER PER WASEEM AHMED, ACCOUNTANT MEMBER: This appeal is filed by the assessee before us, against the order passed by learned Commissioner of Income Tax (Appeals)-9 on 22/06/2018, under section 154 of the Income Tax Act, 1961, for the assessment year 2015-16. 2. Grounds of Appeal raised by the appellant are as follows: 1. As per Clause (a) of Section 24, Income chargeable under the head Income from house property shall be computed after making the following ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... drop grounds of appeal during the appeal proceedings. 3. Brief facts of the case are, that the assessee is a Charitable Trust, having income under the heads Income from House Property and Income from Other Sources. The assessee has filed its return of income online on 29-09- 2012 showing taxable income as NIL with a refund claim of ₹ 1,11,710. The said return was processed by centralized Processing Center of Income Tax Department, Bangalore. An intimation u/s 143(1) of the Act was issued on 03-03-2017 by Deputy Commissioner of Income Tax CPC, Bangalore and a demand of ₹ 1,24,770/- was imposed on account of disallowance of deduction claimed by the assessee u/s 24 for ₹ 12,61,080/- being 30% of the Income from House prop ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e claiming income from house property at ₹ 29,42,520/-. PC Bangalore in the order u/s. 143(1) has computed the income from house property at ₹ 42,03,600/- The PC Bangalore has not allowed the deduction us.24A claimed by the appellant. Appellant has contended that deduction u/s.24A from house property is a statutory deduction and has not been allowed. The Hon'ble ITAT Chennai Bench-A, in the case of Anjuman-E-Himayath-E-Islam ITA No. 2271 (MDS) of 2014 for A.Y.2009-10 dated June 2, 2015 has held that in the case of trust Section 22 to 27 of the Act is not applicable. Therefore, CPC has correctly rejected the appellants claim. Appeal is accordingly dismissed. 6. The assessee, dissatisfied with the decision of Ld CIT(A), fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case laws: ITAT, Ahmedabad in the case of Bimanagar Co.Op. Society Vs. Income Tax Offier Ward 7(2), Ahmedabad. ITA No. 423/Ahd/2012 Assessment/Year : 2008-09 11. Ld DR relied upon the orders passed by revenue authorities. 12. We have heard the rival contentions, perused the material on record and duly considered facts of the case. We note that the learned CIT (A) had confirmed the order of the AO denying the deduction under section 24 of the Act after placing reliance on the order of Chennai tribunal in case of of Anjuman-E Himayath- E-Islam ITA No. 2271 (MDS) of 2014 for A.Y.2009-10. However we find that the order which has been relied upon by the learned CIT (A) has been challenged before the Hon ble Madras High Court in T.C.A ..... X X X X Extracts X X X X X X X X Extracts X X X X
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