The Tribunal held that t he rental income offered by the assessee in the sum of Rs. 57,500 was only in respect of 100 square feet of premises let out for five months. Hence, the corresponding deduction at 30 per cent. towards repairs under the head “Income from house property” was also given only for a period of five months. The assessee was entitled to proportionate deduction for the remaining period of seven months of these repairs and maintenance in respect of 100 square feet of property. ( AY.2003-04)
Wilhelmsen Ship Management India Pvt. Ltd. v .Dy. CIT (2020) 81 ITR 14 (SN) ( Mum) (Trib)
S. 38 : Building – Partly used for business -Business income — Income from house property — Entitled to proportionate deduction for remaining period of seven months of repairs and maintenance [ S. 22, 38(2)]