TMI Blog1984 (1) TMI 60X X X X Extracts X X X X X X X X Extracts X X X X ..... , dated March 29, 1976. The petitioner was assessed to tax with regard to the assessment year 1972-73 by an order dated July 8, 1974, but in making the assessment the vacancy allowance claimed by the petitioner was not allowed by the ITO though the income from house property constituted one of the heads of total income of the petitioner. The petitioner challenged the said order of assessment and t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Income from house property " in conformity with the statutory provision and in the light of the directions of the AAC. It has been pointed out by Mr. Roychowdhury that the impugned recomputation does not disclose any basis or material in support of the ITO's particular figure on account of vacancy allowance. In support of his contention that it was the duty of the ITO to carry out the direction of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n CIT v. Seth Manicklal Fomra [1975] 99 ITR 470 (Mad), and Mr. Banerjee tried to contend that this was a case of a fresh assessment. In reply, Mr. Roychowdhury, learned counsel for the petitioner, relied on a Division Bench judgment of this Hon'ble Court in CTO v. Jasodalal Ghosal (P.) Ltd. [1979] 44 STC 31, which lays down that even in a case where an alternative remedy was available by way of ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e the vacancy allowance afresh in accordance with law. In the result, I make the rule absolute, quash the impugned order of assessment with liberty to the respondents to recompute the income from house property of the petitioner in the light of the observation of the AAC, as referred to hereinabove, in accordance with law. There will be no order as to costs. - - TaxTMI - TMITax - Inc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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