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Common expenditure proportionately allocated to taxable non-member receipts of a mutual concern is deductible where the expenses are genuine, relate to earning those receipts, and the allocation method has been consistently followed; an estimated restriction without disclosed basis or cogent material cannot stand. The disallowance was deleted. Rent from terrace space leased to a cellular operator for a tower was treated as income from house property, attracting statutory deductions rather than income from other sources. The appeal succeeded on those issues. The challenge to the scrutiny notice for alleged non-compliance with CBDT instructions was dismissed because a cited Special Bench ruling covered the issue against the assessee.
Common expenditure proportionately allocated to taxable non-member receipts of a mutual concern is deductible where the expenses are genuine, relate to earning those receipts, and the allocation method has been consistently followed; an estimated restriction without disclosed basis or cogent material cannot stand. The disallowance was deleted. Rent from terrace space leased to a cellular operator for a tower was treated as income from house property, attracting statutory deductions rather than income from other sources. The appeal succeeded on those issues. The challenge to the scrutiny notice for alleged non-compliance with CBDT instructions was dismissed because a cited Special Bench ruling covered the issue against the assessee.
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TaxTMI 
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