TMI Blog2017 (11) TMI 179X X X X Extracts X X X X X X X X Extracts X X X X ..... onsidering 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. Conside ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nst the income shown under the head income from business. The Assessing Officer has legally erred in ignoring the direction of the Hon'ble ITAT which has been wrongly and illegally confirmed by Ld. CIT(A). 3. Because the Ld. CIT(A) has wrongly, illegally and arbitrarily confirmed the disallowance made by the Assessing Officer as claimed vide Income Expenditure Account of Bharat Talkies Associates. 4. Because the Ld. CIT(A) has erred both in law and on facts in confirming the action of the Assessing Officer in not allowing set off of unabsorbed brought forward depreciation. 5. Because without prejudice to the grounds as taken above the statutory deduction should have been allowed from the income from parking space. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... w that even if principle of res-judicata does not apply to the income tax proceeding but the principle of consistency shall have to be followed by the Revenue Authorities, unless different facts adverse material is brought on record against the assessee. In the same facts and circumstances of the case, Revenue Authority could have taken a different view provided the facts available on record are also taken in the consideration. Therefore, principle of consistency shall have to be followed by the Income fax Authority in the same facts and circumstances of the case. ! am fortified in my view by the judgments of Hon'ble M.P. High Court in the case of CIT Vs. Godavari Corporation Ltd., 156 JTR 835 (MP), decision of Hon ble Supreme Court i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the file of the A.O. with direction to re-decide these grounds in accordance with law as observed in ibis order and the A.O. shall give reasonable opportunity of being heard to the assessee. 3. In the second round, which has brought the assessee before us again, the Assessing Officer, made a similar addition as earlier, vide order dated 27.01.2015, whereas the ld. CIT(A) has dismissed the assessee s appeal by passing the impugned order dated 22.03.2016. 4. I have heard the parties and have perused the material on record. As per the record, upto Assessment Year 2007-08, the assessee carried on the business of exhibition of films in the building/cinema theater, i.e., Bharat Talkies . Since there were losses in the year under cons ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ken 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. 7. 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 Of ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
