TaxTMI 
TaxTMI 
2024 (9) TMI 580
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....sessment orders passed by the Assessing Officer (in short, 'the AO') u/s 143(3) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'). 2. Both appeals filed by the assessee in ITA Nos.362/Rjt/2023 and 363/Rjt/2023, are barred by limitation by 13 days and 12 days respectively. The assessee moved a petition for condonation of delay, requesting the Bench to condone the delay. The contents of both petitions for condonation of delay are similar and identical. 3. Learned Counsel for the assessee argued that assessee has explained sufficient cause in the petition for condonation of delay, stating that legal ownership of the property was disputed and the unauthorized possession, thereof was with relatives of ex-chairman of the compan....
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....nsideration for deciding these two appeals en masse. 7. The grounds of appeal raised by the assessee as per 'lead case' in ITA No. 362/Rjt/2023 are as follows: "1. The learned Assessing Officer has erred in law as well as on facts in making disallowance of Mumbai Guest House Maintenance Charges of Rs. 7,71,084/- and the learned CIT(A), NFAC has erred in confirming it." 8. The facts of the case, which can be stated quite shortly, are as follows: During the assessment proceedings, the AO observed that in the notes to accounts (No.12), the auditor has pointed out that the assessee company has incurred expenses on maintenance etc. for a guest house at Mumbai amounting to Rs. 7,71,084/-. The guest house was occupied by relatives of ex-chair....
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.... the assessee company has to maintain guest house and hence incurred expenditure for maintenance of guest house to the tune of Rs. 7,71,084/-, which should be allowed. 12. On the other hand, learned Senior Departmental Representative (ld. Sr. DR) for the Revenue has primarily reiterated the stand taken by the Assessing Officer, which we have already noted in our earlier para and is not being repeated for the sake of brevity. 13. We have heard both the parties and carefully gone through the submissions put forth on behalf of the assessee along with the documents furnished and the case laws relied upon, and perused the facts of the case including the findings of the ld. CIT(A) and other material brought on record. We find that legal ownersh....