1986 (2) TMI 145

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....iginally made under s. 143(3) but subsequently reopened under s. 147(b) in view of the fact that income from house property was under assessed. In the original assessment, income from house property was shown at Rs. 2050 and accepted as such. The ITO estimated the income from that source at Rs. 41,359 under s. 147(b). In his opinion, the entire property was not under self occupation of the assesse....

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....ase. He was of the opinion that it was mere a change of opinion on the part of the ITO. He Followed the decision of Supreme Court in the case of Calcutta Discount Co. Ltd. vs. ITO, Companies District I, Calcutta, & Anr. (1961) 41 ITR 191 (SC). He also followed the other decisions which were narrated in the IT law by Charturvedi and Pithisaria at page 1687. He also noted that the assessee had shown....

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.... s. 23 (2) of the IT Act, 1961 by the assessee. He submitted the property within the provisions of s. 23(2) was only the property where the assessee, his wife, sons, dependent on the assessee reside. He pleaded that a part of the property which was used by the sons who had independent source of income could not be treated as occupied by the assessee. He tried to distinguish the decisions followed ....

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....f self occupied property had been settled by the Tribunal in its order dt. 2nd May, 1985 in ITA No. 1105 (Pat)/1983 in respect of the asst. yr. 1980-81. 6. We have considered the rival submissions made by both the parties. It is not disputed in these property the assessee alongwith his wife and the sons leaving even though the sons are having independent source of income. In the case of CIT vs.....