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of <h1>Appeal admitted after delay for property income dispute. Interest claim scrutinized for tax avoidance.</h1> <h3>Md. Hussain Habib Pathan Versus Assistant Commissioner of Income Tax</h3> Md. Hussain Habib Pathan Versus Assistant Commissioner of Income Tax - TMI Issues:1. Delay in filing the appeal.2. Dispute regarding house property income and interest claim.Analysis:1. The appeal was delayed by sixty-six days, but the delay was condoned after a reasonable explanation, and the appeal was admitted.2. The main issue was the dispute over house property income related to the assessee's residential property in Mumbai. The assessee claimed a loss on the property due to interest on borrowed capital, which was adjusted against rental income. The Assessing Officer (AO) and the Commissioner of Income-tax (Appeals) restricted the interest claim, considering the arrangement as a tax-reducing device. The assessee argued that the arrangement was supported by written agreements and should not be disregarded just because it involved close family members. The Tribunal noted the unusual nature of the arrangement but emphasized the need for further inquiry into various aspects, such as the total area, composition of the property, rent payment method, source of rent, and continuity of the arrangement. The Tribunal acknowledged the possibility of a genuine arrangement for tax-saving purposes and referred to relevant legal precedents. However, the Tribunal found the assessee's interest claim to be excessive as it related to the entire property, including the self-occupied and let-out portions. The Tribunal directed the assessee to provide a reasonable basis for allocating the interest claim and instructed the AO to make a decision based on specified parameters. The appeal was partly allowed based on these considerations.
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