2017 (2) TMI 1321

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.... PER MAHAVIR PRASAD, JUDICIAL MEMBER:- This appeal has been filed by the assessee against the order of the Commissioner of Income-Tax (Appeals)-XVI, Ahmedabad dated 27.05.2011 for Assessment Year 2008-09. 2. The grounds taken by the assessee read as under: 1. The  Assessing Order passed by learned Assessing Officer (addl. Commissioner of Income Tax, Circle- 11) u/s 143 (3) of t....

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....sment order u/s 143(3) of the Act on 30.12.2010 determining total income at Rs. 2,46,55,364/- by making following disallowance/additions, which are confirmed by the ld. CIT(A) in further appeal. i) Deduction u/s 54 of the Act - Rs. 36,85,222/- ii) Set off of brought forward capital loss - Rs. 55,91,510/- 4. Aggrieved by the order of ld. CIT(A), the assessee is in second appeal....

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.... to be set off against the year under consideration's long term capital gain have already been placed before the lower authorities. 6. The ld. Departmental Representative, on the other hand, supported the orders of the authorities below. 7. We have heard the rival contentions, perused the material available on record and gone through the orders of the authorities below. Ground No.1 is genera....

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....ential house. No evidence was furnished in this regard either before the lower authorities or before us for the contention that the Farm House was used as a residential house. Moreover, the ld. Counsel for the assessee could not establish as to whether any income was earned from the aforesaid farm house which was being assessed as 'income from house property'. Thus, in our considered view, there i....