Shri Hardoi Baba Roller Flour Mills (P.) Ltd. v. CIT (2019) 415 ITR 498/262 Taxman 320 (All)(HC)

S. 24 : Income from house property-Deductions-Business income from renting out its property-Depreciation was allowed–Deduction u/s 24 is not permissible. [S. 24, 32]

Memorandum of Association of assessee-company provided object of earning business income from letting out of property of company .During current year, assessee-company earned income only from renting out its premises and claimed depreciation on building so let out.  Assessee also claimed deduction under section 24 as available in case of income from house property. Dismissing the appeal of the assessee the Court held that since assessee earned income only from renting out its property and there was no other income and further, assessee claimed depreciation, claim of deduction under section 24 is not allowable. (AY. 2012-13)