2012 (10) TMI 1068

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.... PER I.C. SUDHIR, JUDICIAL MEMBER The revenue has impugned first appellate order on the ground that the Ld. CIT(A) has erred in deleting the addition of Rs. 50,29,506/- made on account of disallowance of repair and maintenance expenses. 2. At the outset of hearing Ld. AR pointed out that first appellate order for the assessment year 2006-07 on the issue following which the Ld. CIT(A) had d....

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....ver disallowed the sum of Rs. 50,29,506/- out of the total repairs and maintenance expenses on building, furniture and others debited to the Profit & Loss account at Rs. 50,94,609/-. The AO made the said disallowance on the basis that since the assessee has claimed 30% of the licence fees under the income from house property as deduction u/s 24 of the IT Act, therefore further deduction of expense....

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....e agreement going over the rates presently leviable will be paid by the said partnership in addition. Therefore the normal maintenance as well as the consumables in respect of the premises which were on rent was to be borne by the tenant who was occupying the said premises and using it for its own purposes. The details of expenses on repairs and maintenance of the building others repair and mainte....

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.... appellate order on identical issue for the assessment year 2006-07, Ld. CIT(A) has deleted the addition. 5. Having gone through the order dated 31st January,2012 of the Tribunal (supra) for the assessment year 2006-07 in the case of assessee, relied upon by the Ld. AR, we find that an identical issue under similar facts has been decided by the Tribunal in favour of the assessee. In other words....