2002 (7) TMI 411

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....peal has been directed by the assessee against the Order of the CIT(A) dated 2-9-1996 pertaining to assessment year 1992-93. 2. The first ground of appeal relates to the value of perquisite for rent-free accommodation provided to the assessee. 3. Briefly, the facts of the case are that the assessee is employed with IDPL, a Govt. Company. The accommodation has been provided to the employee fo....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... be applicable in that case. In view of these facts, the ld.counsel stated that the employer has fixed the standard rent of the accommodation at Rs. 275 P.M. As the employer has made recovery of more than this amount, nothing was includible in the income of the assessee by way of perquisite. 4. On the other hand, ld. DR supported the order of the CIT(A). He further relied on the decision report....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ld.counsel that the income of the assessee was more than Rs. 1 lakh whereas the investment which qualifies for deduction under section 80CCB was insignificant. Relying on the decision reported in 32 ITD 514 (Bom.) and 172 ITR 108 (P & H), the ld.counsel stated that the deduction under section 80CCB was allowable. 8. On the other hand, ld.DR supported the order of the CIT(A). 9. We have consi....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....A) has referred the sections 30 and 31 in respect of rent, rates and taxes. These sections do not provide for deduction of arrears of rent. As the provisions of the above sections were not applicable in the assessee's case, the CIT(A) was not justified in disallowing the claim of the assessee. 12. On the other hand, ld.DR supported the orders of the CIT(A). We have considered the rival submissi....