Shyama Naha , Kolkata V. ITO, Ward - 44(1) , Kolkata

ITA 2506/KOL/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 2259 (ITAT-KOLKATA)
• Duration Of Justice: 6 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-06-2019
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC
• Next Hearing Date: 13-06-2019
• Assessment Year: 2012-2013
• Appeal Filed On: 30-11-2018
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: ROBIN CHOUDHURY CIT SR DR R
• Assessee Lawyers: M D SHAH
• Keywords: Set aside
• Section: 250

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA SMC BENCH, KOLKATA [BEFORE SRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER] I.T.A. NO. 2506/KOL/2018 ASSESSMENT YEAR: 2012-13 SHYAMA NAHA............APPELLANT P-66, KRISHNA RAM BOSE LANE KOLKATA 700 004 [PAN : ADJPN 2964 J] INCOME TAX OFFICER, WARD - 44(4), KOLKATA...............................RESPONDENT APPEARANCES BY: SHRI M.D. SHAH, ADVOCATE, APPEARED ON BEHALF OF THE ASSESSEE. SHRI ROBIN CHOUDHURY, ADDL. CIT SR. D/R, APPEARING ON BEHALF OF THE REVENUE. DATE OF CONCLUDING THE HEARING : JUNE 13 TH , 2019 DATE OF PRONOUNCING THE ORDER : JUNE 21 ST , 2019 O R D E R PER J. SUDHAKAR REDDY :- THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - 13, KOLKATA, (HEREINAFTER THE LD. CIT (A)), PASSED U/S 250 OF THE INCOME TAX ACT, 1961 (THE ACT), DT. 02/07/2018, FOR THE ASSESSMENT YEAR 2012-13. 2. THE SOLE ISSUE THAT ARISES FOR MY CONSIDERATION IS THE DISALLOWANCE OF CLAIM OF DEDUCTION U/S 24(B) OF THE ACT. AFTER HEARING RIVAL CONTENTIONS, I FIND THAT THE HOUSE PROPERTY IN QUESTION IS TRANSFERRED IN THE MONTH OF MARCH. IF THIS IS SO, THE CLAIM OF INTEREST U/S 24(B) OF THE ACT HAS TO BE ALLOWED FOR 11 MONTHS. HENCE I SET ASIDE THIS MATTER TO THE FILE OF THE ASSESSING OFFICER FOR FRESH ADJUDICATION IN ACCORDANCE WITH LAW. 3. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. KOLKATA, THE 21 ST DAY OF JUNE, 2019. SD/- [ J. SUDHAKAR REDDY] ACCOUNTANT MEMBER DATED : 21.06.2019 {SC SPS} 2 I.T.A. NO. 2506/KOL/2018 ASSESSMENT YEAR: 2012-13 SHYAMA NAHA COPY OF THE ORDER FORWARDED TO: 1. SHYAMA NAHA P-66, KRISHNA RAM BOSE LANE KOLKATA 700 004 2. INCOME TAX OFFICER, WARD - 44(4), KOLKATA 3. CIT(A)- 4. CIT- , 5. CIT(DR), KOLKATA BENCHES, KOLKATA. TRUE COPY BY ORDER ASSISTANT REGISTRAR ITAT, KOLKATA BENCHES