1979 (9) TMI 92

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..... d loss of Rs. 11,839 relating to the house property against other income. 2. The facts are that the assessee claimed set off of loss of Rs. 11,839 relating to the house property against other income of the year under appeal. The ITO having relied on the expression "so, however, that the income in respect of any residential unit referred to in cl. (A) or cl. (B) is in no case a loss" occurring af .....

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..... occupation of the owner for the purposes of his own residence, nothing contained in that proviso shall apply in computing the annual value of that residential unit". 4. The expression "........nothing contained in that proviso shall apply in computing the annual value of that residential unit" occurring in the end of the Expln. to sub-s. (2) of s. 23 clearly excludes the applicability of the pro .....

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..... relates only to one proposition, namely determination of the annual value. There is no other purpose of s. 23. We, therefore, do not agree with the Revenue's submission that the provisions of the Expln. To sub-s (2) of s. 23 excludes the applicability of the second proviso to s. 23(1) only for a limited purpose, namely, computation of the annual value of a residential unit and for no other purpose .....

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