MOHAN HOTCHAND KHANCHANDANI, MUMBAI V. DCIT CEN CIR 36, MUMBAI

ITA 4349/MUM/2016

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 1509 (ITAT-MUMBAI)
• Duration Of Justice: 5 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-12-2016
• Appeal Filed By: Assessee
• Bench Allotted: SMC
• Assessment Year: 2010-2011
• Appeal Filed On: 23-06-2016
• Court: TRIBUNAL
• Department Lawyers: S R KIRTANE
• Assessee Lawyers: RAMESH D JIWNANI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC , BENCH MUMBAI BEFORE SHRI R.C.SHARMA, AM ITA NO. 4349/MUM/ 20 1 6 ( ASSESSMENT YEAR : 2010 - 11 ) SHRI MOHAN HOTCHAND KHANCHANDANI, 114, LAUNGANI LODGE, 1 ST FLOOR, S.V.ROAD, KHAR (W), MUMBAI 400052 VS. DCIT CC - 36, MUMBAI PAN/GIR NO. AGPPK5420R APPELLANT ) .. RESPONDENT ) ASSESSEE BY SHRI RAMESH D JIWNANI REVENUE BY SHRI S.R. KIRTANE DATE OF HEARING 21/ 12 /2016 DATE OF PRONOUNCEME NT 21 / 12 /2016 / O R D E R PER R.C.SHARMA (A.M) : T HIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER OF CIT(A) FOR THE ASSESSMENT YEAR 2010 - 11. 2. IN GROUND NO.1, ASSESSEE IS AGGRIEVED FOR A DDITION MADE ON ACCOUNT OF LOW DRAWINGS. IT WAS SUBMITTED BY LEARN ED AR THAT ADDITIONAL CIT HAS ALREADY GIVEN EFFECT TO THE DIRECTION OF CIT(A) AND THE ADDITIONS HAVE ALREADY BEEN DELETED. ACCORDINGLY GROUND NO.1 BECOMES INFRUCTUOUS. 3. IN THE GROUND NO.2, ASSESSEE IS AGGRIEVED FOR MAKING ADDITION ON ACCOUNT OF DEEMED RE NT OF RS.1,04,000/ - IN RESPECT OF FLAT IN KALIAN KAMAL, SANTACRUZ (EAST), MUMBAI. WE FOUND THAT THE SAID PROPERTY IS DISPUTED PROPERTY AND ASSESSEE IS NOT IN POSSESSION OF IT, WHICH HAS BEEN TAKEN OVER BY THE BANK FROM WHOM PREDECESSOR VENDOR HAD TAKEN LOA N ON ITA NO. 4349/MUM/2016 SHRI MOHAN HOTCHAND KHANCHANDANI 2 MORTGAGE OF THE SAID FLAT. WE ALSO FOUND THAT ASSESSEE HAS FILED CASE IN REGARD TO THIS PROPERTY IN THE COURT OF LAW. ACCORDINGLY, THERE WAS NO INCOME FROM THIS HOUSE PROPERTY. 4 . KEEPING IN VIEW THE TOTALITY IN FACTS AND CIRCUMSTANCES OF THE CASE, WE DO NOT FIND ANY MERIT FOR THE ADDITION OF DEEMED RENT. 5 . IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED IN PART. O RDER PRONOUNCED IN THE OPEN COURT ON THIS 21 / 12 /2016 S D/ - ( R.C.SHARMA ) ACCOUNTANT MEMB ER MUMBAI ; DATED 21 /12 /201 6 KARUNA SR. PS COPY OF THE ORDER FORWARDED TO : BY ORDER, ( ASSTT. REGISTRAR) ITAT, MUMBAI 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY//