No exemption for one SOP U/s. 23(2)(a) if property was not occupied by the owner

Kusum Lata Jain Vs ACIT (ITAT DELHI) In the instant case, the property was not occupied by the owner and therefore, provision of section 23(2)(a) was not applicable. The provision of section 23(2)(b) was also not applicable, as the owner of the property was not staying at other place due to his employment, business or profession carried out at other place. In the circumstances, the assessee was not allowed to avail benefit of section 23(2), irrespective of the fact whether the property was residential or commercial. FULL TEXT OF THE ITAT ORDER IS AS FOLLOWS:- This appeal by the assessee is dir...