TaxTMI 
TaxTMI 
2018 (4) TMI 443
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....d following grounds:- "1. On the facts and in the circumstances of the case and in law, the learned Commissioner (Appeals) erred in deleting the addition of deemed rent amounting to Rs. 4,89,46,330, without appreciating the fact that the assessee failed to provide the information about monthly rental income of all the tenants compelling the Assessing Officer to adopt the monthly rental income of the tenants rationally. 2. On the facts and in the circumstances of the case and in law, the learned Commissioner (Appeals) erred in deleting the addition of Rs. 1,06,821, made by the Assessing Officer in reworking of capital gains by recalculating the indexed cost of acquisition." 3. Brief facts, apropos ground no.1 are, the as....
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....addition made by the Assessing Officer before the learned Commissioner (Appeals). 4. The learned Commissioner (Appeals) having found that in assessee's own case for assessment year 2003-04, 2004-05 to 2006-07, the Tribunal has deleted the addition made by the Assessing Officer on account of deemed rental income, followed the same and deleted the addition made by the Assessing Officer in the impugned assessment year as well. 5. We have heard rival submissions and perused material available on record. The learned Counsel appearing for both the parties have agreed before us that the issue in dispute stands decided in favour of the assessee by the decisions of the Tribunal in assessee's own case for earlier assessment years. On a perusal ....
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....f the assessee. The assessee challenged the addition before the learned Commissioner (Appeals). 8. The learned Commissioner (Appeals) after verifying the material on record found that in respect of some properties assessee has shown the value lesser than the value determined by the approved valuer, whereas, in few cases, the value shown the assessee was more than the value determined by the Government approved valuer. However, if the facts are seen in totality in respect of all the properties, it was found that the value adopted by the assessee was at a lower figure than the value determined by the Government approved valuer. Keeping in view such facts, the learned Commissioner (Appeals) held that the Assessing Officer should not have co....
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....peals) on this issue. Ground raised is dismissed. 10. In the result, Revenue's appeal is dismissed. ITA no.4733/Mum./2016 Assessee's Appeal 11. The only ground raised by the assessee is in respect of disallowance of expenditure incurred towards legal and professional charges amounting to Rs. 2.41 lakh. 12. Brief facts are, during the assessment proceedings, the Assessing Officer noticing that the assessee has claimed deduction of Rs. 2.41 lakh on account of legal and professional charges called upon the assessee to justify the claim of deduction. In response to the query raised by the Assessing Officer, the assessee furnished necessary details of legal and professional charges and submitted that since the expenditure was incu....