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TMI Blog2024 (12) TMI 315X X X X Extracts X X X X X X X X Extracts X X X X ..... anesta, Sr. DR. ORDER PER SHAMIM YAHYA, AM : The Assessee has filed the instant Appeal against the Order of the Ld. CIT(Appeal)/NFAC, Delhi dated 21.12.2021, relating to assessment year 2014-15 on the following grounds:- 1. That ld. CIT(A) has erred in confirming the action of AO in not allowing the claim with respect to interest on construction of house property amounting to Rs. 31,17,879/- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he omitted to claim the benefit of interest paid u/s. 24(b) of Rs. 31,17,879/- on account of repayment of loan received for construction of warehouse while computing his income under the head "Income from House Property". This return of income was processed u/s. 143(1) of the Act. The assessee filed rectification application to rectify the order u/s. 143(1) for allowing his claim of interest paid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... This view is as per the decision of the Hon'ble Supreme Court in the case of Keshri Metal (P) Ltd. (237 ITR 165). In the instant case, there was no information/details available in the original return filed which suggested that the appellant has made Interest payment of Rs. 31,17,879/- on the loan received from Union Bank of India for construction of warehouse on which he received lease rental inc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the time of hearing, Ld. AR for the assessee submitted that though assessee has not raised any ground of appeal before lower authorities, but the Appellate Tribunal can entertain the ground. To support his contention, he relied upon the decision of the Hon'ble Delhi High Court in the case of CIT vs. Jai Parabolic Springs ltd. in ITA No. 798 of 2007 dated 7.4.2008 [2008] 172 Taxman 258 (Delhi). Pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it is a settled law that if clear data is not available, it is not obligatory on the part of the AO to pass rectification order u/s. 154. Therefore, the action of the AO of rejecting the request of the assessee for rectification, cannot be faulted, hence, Ld. CIT(A) rightly affirmed the aforesaid action of the AO, which in our considered view, need not be interfered. Therefore, we affirm the actio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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