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2014 (3) TMI 461 - ITAT MUMBAIAssessment of receipts –Rental income - Income from house property treated as business income - Order passed u/s 144 of the Act – Held that:- The issue as to whether the rental income is to be considered under the head 'Income from House Property' or not has to be considered in the light of the facts for the first AY i.e. AY 2002-03 - As the decision for AY 2002-03 will have consequential effect in the subsequent AY.s – thus, in the interest of justice – the matter is remitted back to the AO for fresh adjudication after giving due opportunity of hearing to the assessee and after considering such evidences as may be placed before him. If the assessee fails to co-operate the AO and/or do not furnish the requisite documents as may be required by him, the AO will be at liberty to decide and pass the fresh Assessment Order as per law on the basis of the papers available before him by a reasoned order - the orders of the FAA for all the three AY.s under consideration are set-aside to the file of the AO – Decided in favour of Assessee.
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