TaxTMI 
TaxTMI 
2019 (8) TMI 1939
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....the building and assessed the income from house property on the basis of ARV of whole of the building. It was submitted that the assessee in the lease deed, due to in advertent mistake, had not mentioned that she had let out only third floor of the building and therefore detailed submissions were made before the ld. CIT(A) regarding this fact but the Ld.CIT(A) dismissed the appeal of the assessee relying on the lease deed and did not verify the arguments of assessee on the basis of physical verification. Therefore, it was prayed the matter may be set aside to the assessing officer, who should be directed to verify this fact. 3. The Ld DR, On the other hand, submitted that the Ld CIT(A) has considered the arguments of the assessee and has....
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....dstick of estimation of the rental property of the appellant. The appellant has claimed that the property constitutes ground + 3 Floors, out of which Ground + 2 floors are retained by the appellant and only the 3rd Floor has been rented out to Gyan enterprises. To examine the veracity of the claim of the appellant, the lease deed was examined. It is noted that the Lease deed pertains to the entire property situated at 23, Kautilya Marg, New Delhi. There is no clause in the rent deed stating that only a part of the premises have been leased out to Gyan enterprises as claimed by the appellant during appellant proceedings. A scanned copy of the lease deed is reproduced as under to substantiate my aforementioned observation: I....
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....of Apni, 2011 between Mra Anna Burman W/o Late Shri O.C.Burman resident of L-Ga, Paschimi Marg, Vasant Vinar, New nathi , harminefter called the Lasser (which sapression shall unless excluded by or repugnant to the context or Frissmines tharnaf hrs rinamari in Innlurte its heirs. Inoal representativos. executors, administratora, successors and assigns) of the one part and M/s Gyan Enterprises Pvt,lid,, a dampany Incorporated under the Companies Act. 1956 and having its Registered Office at a Clear, Punjabi Dhawan. 10. Roune Avenue, New Delhi-110002. hereinafter gallud "The Lessee' (which popression shall unless excluded by or repugnant to the context be deemed to insilures lis successors and assigns) of the other part. WHEREAS the Lessor....
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.... aals of God thguptadl and to repair, make good ar replaan any damage ar 122 A 6. That the Lessee shall keep the demised premises free from the storage of petrol or any other goods of combustible of explosive nature except goods of such nature os are required for the use of the Logsee and permitted by Law. That the lease deed can be terminated prior to its expiry by alther sido after giving 3 months notice or paying three months rental in Hlou thereof. 1. That the Lessee Shall observe and perform all the terms and conditions Imposed has tha finvaramanl, Municipality ar any Innal authority fram time to time. That the Lessee shall handover the vucunt peaceful possession of the demised premises to the Lessor on the expiry of ....