2022 (1) TMI 1206

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....ection 24, " Income chargeable under the head "Income from house property" " shall be computed after making the following deductions, namely:-(a) a sum equal to thirty per cent of the annual value;" Clear application of provision of income tax of sec. 24(a) is applied in the return, therefore, it is prayed to consider the same and allow the deduction. There is no restriction of status of assessee as per section 24(a). As per Section 22, "The annual value of property consisting of any buildings or lands appurtenant thereto of which the assessee is the owner, other than such portions of such property as he may occupy for the purposes of any business or profession carried on by him the profits of which, are chargeable to income-tax, shall be c....

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....d on account of disallowance of deduction claimed by the assessee u/s 24 for Rs. 12,61,080/- being 30% of the Income from House property of Rs. 42,03,600/-. 4. Aggrieved by the order of CPC, the assessee filed an online rectification application u/s 154 to the CPC on 25-03-2017, which was disposed of by the Deputy Commissioner of Income Tax CPC, Bangalore by issuing an order u/s 154 on 15-04-2017 by rejecting the claim of assessee saying that: "Dear Madam/Sir, Subject: Rejection of request for Rectification, Under Section 154 of the Income Tax Act, 1961-reg. Please refer to the rectification request filed by you for the Assessment Year:2015- 16 in respect of above mentioned order and received at Centralized Pro....

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....e, CPC has correctly rejected the appellants claim. Appeal is accordingly dismissed. 6. The assessee, dissatisfied with the decision of Ld CIT(A), filed this appeal before us. 7. This appeal was filed with a delay of 192 days with a request in the form of an affidavit to condone the delay, the affidavit submitted contains, as under: AFFIDAVIT Before Income Tax Tribunal, Ahmedabad Affidavit of Mr. Kamlesh Vadilal Mehta, S/o Late Shri Vadilal Keshavji Mehta, Chartered Accountant, having aged about 68 years resident of Idar. I, the above named deponent solemnly affirm and state as under in the case for the Assessment Year 2015-16, Appeal against the order u/s 154 has been filed late by 181 days and is going throug....