Hima Bindu Putta, Hyderabad V. Income Tax Officer, Ward-6(3), Hyderabad

ITA 523/Hyd/2020

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 5257 (ITAT-HYDERABAD)
• Duration Of Justice: 7 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-05-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Next Hearing Date: 12-04-2021
• Assessment Year: 2009-2010
• Appeal Filed On: 24-09-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: B SAI PRASAD

Judgement Text

ITA 523/HYD/2020 AY 2009 - 10 SMT. HIMA BINDU PUTTA, HYD. 1 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD SMC BENCH : HYDERABAD (THROUGH VIDEO CONFERENC E ) BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER ITA NO. 523 /HYD./20 2 0 ASSESSMENT YEAR: 20 09 - 10 MRS. HIMA BINDU PUTTA VS. ITO, WARD 6(3) SECUNDERABAD HYDERABAD [ PAN: AGIPP8031C ] (APPELLANT) (RESPONDENT) FOR ASSESSEE : SRI B .SAI PRASAD, ADV. FOR REVENUE : SRI SUNIL KUMAR PANDEY, D.R. DATE OF HEARING : 12 / 04 /202 1 DATE OF PRONOUNCEMENT : 03 / 0 5 /202 1 O R D E R THIS IS ASSESSEES APPEAL FOR A.Y 2009 - 10 AGAINST THE ORDER OF THE CIT(A) - 6, HYDERABAD DATED 30 . 07.2020. 2. BRIEF FACTS OF THE CASE ARE THAT THE ASSESSEE , AN INDIVIDUAL, FILED HER RETURN OF INCOME FOR ASSESSMENT YEAR 2009 - 10 ON 19.12.20 09, DECLARING LOSS OF RS.9,19,260/ - . DURING THE ASSESSMENT PROCEEDINGS U/S 143 (3) OF THE ACT , THE ASSESSING OFFICER OBSERVED THAT THE ASSESSEE HAS ADMITTED LOSS FROM HOUSE PROPERTY OF ( - ) RS. 9,31,723/ - WHILE SHE ADMITTED RENTAL INCOME OF RS. 15 LACS. THE ASSESSING O FFICER OBSERVED THAT THE TENANT OF THE ASSESSEE IS OSI CONSULTING PVT LIMITED WHICH IN TURN HAS PROVIDED RESIDENTIAL ACCOMMODATION TO SRI Y. ANIL KUMAR , THE HUSBAND OF THE ASSESSEE , AND THAT THE ASSESS EE IS RESIDING WITH HER HUSBAND . T HEREFORE, HE OBSERVED THAT THE PREMISES IS BEING OCCUPIED BY THE ASSESSEE AND HER HUSBAND . ITA 523/HYD/2020 AY 2009 - 10 SMT. HIMA BINDU PUTTA, HYD. 2 2.1. ASSESSEE , THEREFORE , WAS ASKED TO EXPLAIN AS TO WHY THE INCOME FROM HOUSE PROPERTY S HOULD NOT BE COMPUTED AS INCOME FROM SELF - OCCUPIED PROPERTY OF THE ASSESEE . ASSESSEE SUBMITTED THAT AS RENT IS ADMITTED IN HER COMPUTATION OF TOTAL INCOME , THE INCOME FROM HOUSE PROPERTY IS TO BE COMPUTED AS A RENTED OUT PROPERTY ONLY. H OWEVER , A SSESSING OFFICER , OBSERVED THAT SINCE THE ASSESSEE IS ALSO RESIDING IN THE PROPERTY, IT SHOULD BE TREATED AS A SELF - OCCUPIED PROPERTY AND THEREFORE THE INCOME IS TO BE COMPUTED @ 50% AS SELF - OCCUPIED AND 50% AS LET - OUT . T HEREFOR E , HE TREAT ED THE RENTAL INCOME AT RS15 LAKHS AND THEREFROM, HE REDUCED TH E MUNICIPAL TAXES AND 30% FOR REPAIRS AND MAINTENANCE. THEREAFTER, HE ALLOWED ONLY 50% OF INTEREST TO BE SET OFF AND ON THE BALANCE 50% OF INTEREST , HE RESTRICTED IT TO RS.1,50,000/ - TOWARDS SELF OCCUPIED PROPERTY AND RE COMPUTED INCOME FROM HOUSE PROPERTY AT RS. 2 , 058 / - . 2.2. AGGRIEVED , ASSESSEE PREFERRED AN APPEAL BEFORE THE C IT(A) WHO DISMISSED THE SAME AND TH E ASSESSEE IS IN SECOND APPEAL BEFORE THE TRIBUNAL BY RAISING THE FOLLOWING GROUNDS OF APPEAL . 1. THE ORDER OF LD.CIT(A) IS ERRONEOUS BOTH ON FACTS AND IN LAW.. 2. THE CIT(A) ERRED IN CONFIRMING THE DISALLOWANCE OF RS.9,63,222/ - BEING 50% OF THE INTEREST PAID ON LOAN T AKEN CLAIMED AS PER PROVISIONS OF S.23 OF THE ACT. 3. (A) CIT(A) OUGHT TO HAVE DECIDED THE MATTER I.E. DETERMINATION OF INCOME FROM HOUSE PROPERTY IN ACCORDANCE WITH PROVISIONS OF S.23 & 24 OF THE ACT. (B) WHILE THE INCOME FROM HOUSE PROPERTY IS TO BE DETE RMINED AS PER PROVISION OF SEC.23 & 24 OF THE ACT THE CIT(A) ARRIVED AT THE DECISION BASING HER FINDINGS PURELY ON SURMISES AND ASSUMPTIONS. 3. LD.C OUN SEL FOR ASSESSEE SUBMITTED THAT THE A SSESSING OFFICER , WHILE ACCEPTING THE ASSESSEE AS THE OWNER OF THE PROPERTY, ONLY FOR THE REASON THAT THAT ASSESSEE IS ALSO RESIDING THERE ALONG WITH HER HUSBAND , HAS TREATED IT AS A SELF - OCCUPIED PROPERTY . H E SUBMITTED THAT ASSESSEE HAS PURCHASED THE RESIDENTIAL HOUSE AND PROPERTY HAS BEEN LET OUT TO THE COMPANY , WHICH IN TURN H AS GIVEN TO THE ASSESS EES HUSBAND ( WHO IS THE DIRECTOR OF THE COMPANY ) ITA 523/HYD/2020 AY 2009 - 10 SMT. HIMA BINDU PUTTA, HYD. 3 FOR HIS RESIDENTIAL OCCUPATION . THE CASE OF THE ASSESSEE IS THAT, CIT(A) HAS GROSSLY ERRED IN HOLDING THAT THE PROPERTY BELONGS TO THE ASSESS EE S HUSBAND AND TH AT THE INTEREST EXPENDITURE IS NOT ALLOWABLE IN THE HANDS OF THE ASSESSEE. H E SUBMITTED THAT SINCE ASSESSEE IS THE OWNER AND HAS LET OUT THE PROPERTY , THE RENTAL INCOME HAS TO BE TREATED AS INCOME FROM HOUSE PROPERTY AND ELIGIBLE DEDUCTION S THERE FROM SHOULD BE ALLOWED UNDER SECTION 2 4 OF THE ACT . IN THE ALTERNATIVE , LD.COUNSEL FOR ASSESSEE ALSO SUBMITTED THAT 50% OF THE HOUSE MAY BE TREATED AS SELF - OCCUPIED PROPERTY AND INCOME FROM HOUSE PROPERTY BE RECOMPUTED ACCORDINGLY. 4. LD.DR , O N THE OTHER HAND , SUPPORTED ORDERS OF THE AUTHORITIES BELOW AND SUBMITTED TH AT THE ASSESSEE HA D NO SOURCE OF INCOME AND IT IS HER HUSBAND WHO HAS PURCHASED THE HOUSE , WHICH IN TURN, HAS BEEN GIVEN ON RENT TO THE ASSESSEES HUSBAND TO CLAIM INTEREST EXPENDITURE FROM THE RENTAL INCOME . THIS, ACCORDING TO HIM IS A COLORABLE DEVICE ADOPTED BY THE AS SESSEE . T HEREFORE , HE SOUGHT CONFIRMATION OF THE ORDERS OF THE AUTHORITIES BELOW . 5. H AVING REGARD TO RIVAL CONTENTIONS AND MATERIAL PLACED ON RECORD I FIND THAT THERE IS NO DISPUTE THAT THE ASSESSEE IS THE OWNER OF THE PROPERTY AND HAS PURCHASED IT W ITH BORROWED CAPITAL . TH ERE IS ALSO NO DISPUTE THAT ASSESSEE HAS LET - OUT THE PROPERTY TO THE COMPANY M/S OSI CO NSULTING P RIVATE L IMITED AND RECEIVED RS. 15 LAKHS AS RENTAL INCOME FOR ASSESSMENT YEAR 2009 - 10 . S INCE ASSESSEE HAS RECEIVED THE RENTAL INCOME AND ALSO HAS OFFERED IT AS INCOME FROM HOUSE PROPERTY , AS SESSEE IS ELIGIBLE TO CLAIM DEDUCTIONS U /S 2 4 (2) OF THE ACT. THE ASSESSEE IS THE WIFE OF MR.Y ANIL KUMAR WHO HAS BEEN GIVEN THE PROPERTY AS RESIDENTIAL ACCOMMODATION BY THE COMPANY AND THEREFORE IT CANNOT BE HELD THAT ASSESSEE H ER SELF IS OCCUP YING THE PROPERTY. THEREFORE , HAVING REGARD TO CONTENTIONS OF THE ASSESSEE , I HOLD THAT THE RENTAL INCOME RECEIVED FROM M/S OSI CONSULTANCY P LTD. IS TO BE TREATED AS INCOME FR OM HOUSE PROPERTY AND ALL ELIGIBLE DEDUCTIONS THEREFROM INCLUDING INTEREST ON BORROWED CAPITAL IS TO BE ALLOWED THEREFROM. ITA 523/HYD/2020 AY 2009 - 10 SMT. HIMA BINDU PUTTA, HYD. 4 I N VIEW OF THE SAME , ASSESSEES APPEAL STANDS ALLOWED. ORDER PRONOUNCED IN OPEN COURT ON 03 /0 5 / 202 1 . SD/ - (P. MADHAVI DEVI) JUDICIAL MEMBER DATED: 03 RD MAY , 2021 GMV COPY OF ORDER FORWARDED TO: 1. SMT. HIMA BINDU PUTTA, PLOT NO.916/B, ROAD NO.46, JUBILEE HILLS, HYDER ABAD 500 033, TELANGANA. 2. ITO, WARD 6(3), HYDERABAD . 3. J CIT, RANGE 6 , HYDERABAD. 5 . CIT(A) - 6 , HYDERABAD. 6. PR.CIT - 6 , HYDERABAD 7 D.R. ITAT HYDERABAD 8 . GUARD FILE