INCOME TAX OFFICER v. SMT. DURGA DEVI BAWRI
[Citation -1984-LL-0331-5]
Citation | 1984-LL-0331-5 |
---|---|
Appellant Name | INCOME TAX OFFICER |
Respondent Name | SMT. DURGA DEVI BAWRI |
Court | ITAT |
Relevant Act | Income-tax |
Date of Order | 31/03/1984 |
Assessment Year | 1978-79 |
Judgment | View Judgment |
Keyword Tags | annual letting value • levy of interest • rental receipts • cogent evidence • issue in appeal • penal interest • annual value |
Bot Summary: | Regarding the electricity charges, the deduction would be permissible not in terms of s. 24 but in terms of s. 23 while working out the annual value of the property. If the assessee can prove by leading cogent evidence that electric charges were being realised by her from her tenants not separately but by way o f rent, the said electricity charges would have to be excluded from the gross rental receipts to find out the annual letting value of the property. If the assessee is able to prove the aforesaid plea, the charges for electricity realised from the tenants would be excluded from the annual gross rental receipts to arrive at annual value of the property. The plea of the Revenue is that no appeal by under s. 246 of the IT Act, 1961 in respect of charging of interest under ss. If there are other grounds of appeal, an assessee can also challenge the levy of interest under ss. There the only issue in appeal was the charging of interest. There Lordships stated that no appeal lay against mere charging of interest. |