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2016 (10) TMI 1145 - AT - Income TaxNature of income - rental income received on account of leasing out the pulverizer - income from business or income from other sources - business was closed due to temporary lull - Held that:- Since the pulverizer was leased out to M/s U.M.D.S.P. Ltd. for the same purpose, which the assessee was doing from the same machinery. Therefore, it is not established that there was a temporary lull in the business. Further, it is also not clear from the record for what period this pulverizer was leased out to M/s U.M.D.S.P. Ltd. Whether the lease was only for the year under consideration or for a longer period. Further, what was status in the subsequent years. The crucial facts regarding temporary lull in the business are not available on record. The period of lease is also not known from the records available. Thus restore the issue to the file of the ld. CIT(A). Accordingly, this ground of appeal is allowed for statistical purposes only. Additions of various expenses disallowed - Held that:- Since, these issues can be decided only when the character of the rental income received on account of leasing out the pulverizer to M/s U.M.D.S.P. Ltd. is decided, as already restored back the issue to the file of the ld. CIT(A). Therefore, these grounds are also restored back to the file of the ld. CIT(A) for deciding the issues de novo.
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