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We find that the issue in dispute on this issue is unutilized portion of fund of Rs. 18,50,000/- for A.Y. 2008-09. The same has been held to be taxable by the Assessing Officer u/s. 11(3) of the Act. This aspect has been upheld by learned CIT(A) on the ground that any specified unavoidable circumstances is not on record. This he held so by observing that if any specified period expires then it is the option to assessee to revise the purposes cannot be exercised. He held that while perusing the document filed by the assessee, he did not find anything contrary to the observation of the Assessing Officer. Therefore in the absence of any specified unavoidable circumstances on record to modify purpose, he declined to interfere with the finding of the Assessing Officer. In our considered opinion it is nowhere emanating as to whether the learned CIT(A) has confronted this aspect or not. In our considered opinion interest of justice demands this issue may be remitted to the file of the Assessing Officer. The Assessing Officer is directed to consider the issue afresh after giving the assessee opportunity of being heard.

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Section 24 of the Income-tax Act, 1961—Income from house property— Unutilized portion of fund has been held to be taxable by the Assessing Officer u/s. 11(3) and this aspect has been upheld by learned CIT(A) on the ground that any specified unavoidable circumstances is not on record and this he held so by observing that if any specified period expires then it is the option to assessee to revise the purposes cannot be exercised and he held that while perusing the document filed by the assessee, he did not find anything contrary to the observation of the Assessing Officer, therefore, in the absence of any specified unavoidable circumstances on record to modify purpose, he declined to interfere with the finding of the Assessing Officer—Shantaram Bhat Charitable Trust vs. CIT [2020] 180 ITD 735 (MUM)

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