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2017 (11) TMI 179 - ITAT AGRAIncome from the letting out of the cinema building - Income from commercial building named “Bharat Talkies” as rental income - head of income - income from house property or income from business - Held that:- It is seen that apropos the building, for Assessment Years 2006-07 & 2007-08, rent received, shown as business income by the assessee, was accepted by the department and no addition was made. Facts for the year consideration have not undergone any change from those present in the said earlier years. Therefore, the observation of the CIT(A) that if in the earlier years, any decision has been taken by the Assessing Officer without considering a particular fact, the same mistake is not to continue, is not appropriate, since the facts in the year under consideration, as observed, are the same as those for the earlier years. The principle of res-judicata may not be applicable, but in the unchanged facts over the years, as accepted by the Department itself, consistency needs to be maintained. Therefore, the Assessing Officer is directed to treat the rent from the building as business income, as shown by the assessee. So far as regards the income from parking space, it is not refuted that the parking space is appertenant to the building and so, the income there-from also requires to be treated as business income. The Assessing Officer is directed accordingly. Considering the issue of disallowance of expenses claimed in the profit & loss account and disallowance of brought forward unabsorbed depreciation, the ld. CIT(A) has not given any finding on these aspects, though Grounds Nos. 6 & 7 were specifically taken before the CIT(A) by the assessee. The Assessing Officer is directed to decide these issues afresh in the light of our conclusion arrived at with regard to the treatment of the income from the letting out of the cinema building and the parking space.
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