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Addition on Deemed Letout Value on Income from House Propery

Preeti (Student) (58 Points)

18 June 2011

Hi firends

I have a query relating to Income Tax Assessment Proceedings. One of my Client was owner of two houses in A.Y 2007-08 but he did not file return for Income from house property. Now his case selected for scrutiny and A.O has passed Assessment Order and has made an addition of 10% of declared value of one of his house deemed as letout.

In fact the second house was also occupied by the assessee's 80 years old parents.

Can any one suggest me a case law to above situation to quote in appeal proceedings.

Thanks & Regards

Kirti Sharma

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4 Replies

kanagaraj (CHARTERED ACCOUNTANT) (793 Points)
Replied 18 June 2011

Dear Kirti,

During the appeal proceedings just prove that the house was occupied by his parents by getting letters from them or some other proof like ration card or telephone bills etc., so that the claim may be accepted by the CIT(Appeals)

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CA ADITYA SHARMA (CA IN PRACTICE ) (16719 Points)
Replied 18 June 2011

Originally posted by : kanagaraj
	Dear Kirti, During the appeal proceedings just prove that the house was occupied by his parents by getting letters from them or some other proof like ration card or telephone bills etc., so that the claim may be accepted by the CIT(Appeals)

AGREED

Preeti (Student) (58 Points)
Replied 18 June 2011

Dear Sir

Is it is sufficient to fight against A.O and is there is any case law relating to this situation..

Thanks & Regards

Kirti

Preeti (Student) (58 Points)
Replied 18 June 2011

In the same case, for A.Y 2008-09 my client was owner of three houses. One of them was self occupied, second was occupied by his parents, third was idle

In this situation, A.O has made addition on account of two houses.