TMI Blog2023 (3) TMI 100X X X X Extracts X X X X X X X X Extracts X X X X ..... 26AS. We have gone through the section 22 of the Act, which deals with the rental income chargeable to tax under the head income from house property . This provision clearly establishes that if the assessee is owner and thereby receives any income from house property, it should be taxed under the head income from house property . But in the case on hand, the assessee received rent only by sub letting the property, therefore, we are of the view that the assessee has rightly shown the rental income under the head income from other sources . We, therefore, direct the AO to delete the addition made under 143(1) intimation. Hence, the grounds raised by the assessee are allowed. - I.T.A.No.164/Viz/2022 - - - Dated:- 28-2-2023 - Shri Duv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... there is grievance for the assessee, the same would have arisen during the intimation u/s 143(1), but not at the stage of 154. Hence, the Ld.CIT(A) dismissed the appeal of the assessee. 4. On being aggrieved, the assessee preferred appeal before the Tribunal and raised the following grounds : 1. The order of the learned Commissioner of Income Tax (Appeals) is contrary to the facts and also the law applicable to the facts of the case. 2. The learned Commissioner of Income Tax (Appeals) ought to have decided the appeal on merits of the case and ought to held that the adjustment of Rs.1,75,000 was wrongly made in the intimation u/s 143(1) of the Act. 3. The learned Commissioner of Income Tax (Appeals) ought to have held that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... allow the appeal of the assessee. 7. Per contra, the Ld.DR relied on the order of the Ld.CIT(A), pleaded to uphold the order of the Ld.CIT(A) and dismiss the appeal of the assessee. 8. We have heard both the parties and perused the material available on record. There is no dispute that the assessee took the property for lease and sublet the property, thereby, received rental income and offered the same as income from other sources. The contention of the revenue is that the assessee failed to show the rental income under the head income from house property based on entries in 26AS. We have gone through the section 22 of the Act, which deals with the rental income chargeable to tax under the head income from house property . For the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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