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2012 (9) TMI 1142 - SC - Income TaxWhether the income in question is liable to be taxed as business income or as income from house property - Held that - From the records we find that for the earlier Assessment Year 2001-2002 the Income Tax Appellate Tribunal has taken the view that income in question is business income.
Issues: Determination of whether income is taxable as business income or income from house property for Assessment Years 2003-2004 and 2002-2003.
Analysis: 1. Issue: The primary issue in this case is whether the income in question should be taxed as business income or income from house property for the relevant assessment years. 2. Judicial Review: The Income Tax Appellate Tribunal (ITAT) had previously determined that the income in question should be classified as business income for the Assessment Year 2001-2002. This decision was subsequently upheld by the High Court in these cases. 3. Rule of Consistency: The Supreme Court noted that in the civil appeal arising from Special Leave Petition (S.L.P.) No.6756 of 2009, no grounds were raised to challenge the High Court's decision regarding the classification of income for the Assessment Year 2001-2002. 4. Decision: Applying the principle of consistency, the Supreme Court dismissed the civil appeals filed by the Department for the Assessment Years 2003-2004 and 2002-2003, as the income in question was previously determined to be business income for the preceding assessment year. 5. Outcome: The Supreme Court's decision resulted in the dismissal of the civil appeals with no order as to costs, maintaining the classification of the income in question as business income based on the precedent set by the earlier assessment year's decision. This detailed analysis highlights the key legal issues, the previous judicial determinations, the application of the rule of consistency, the Supreme Court's decision, and the resulting outcome of the case regarding the taxation of income as business income or income from house property for the specified assessment years.
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