Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2017 (7) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (7) TMI 1101 - AT - Income TaxRental income of assessee to be assessed as ‘income from other source’ OR 'house property' - mistake apparent in the order passed by the Tribunal - Held that:- Since there was no decision of the Tribunal in the A.Y. 1995-96 for treatment of income of assessee as ‘income from other sources’, however, while deciding the appeal for the A.Y.1997-98 to 2000-01, the Tribunal has just followed the decision of the Tribunal in the A.Y. 1995-96 for treating the rental income as ‘income from other sources.’ However, in the order passed by the Tribunal in the A.Y.1995-96, nowhere income from house property was treated as ‘income from other sources’, but on the other hand Tribunal have dismissed assessee’s plea for treating the rental income as income from business. There is an apparent mistake in the order passed by the Tribunal [2016 (6) TMI 1289 - ITAT MUMBAI] following the order of the Tribunal in A.Y. 1997-98 to 2000-01 for holding that income should be assessed as ‘income from other sources’. Accordingly, we recall the order and direct the Registry to refix the same for passing order denovo
|