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2019 (9) TMI 310 - AT - Income TaxRevision u/s 263 - Correct head of income - lease rental income as income under the head business and profession instead of income from house property - HELD THAT:- Assessment order passed under section 143(3) of the Act for Assessment Year 2012-13 was revised under by the CIT on identical reasoning on the basis of which he passed the order under section 263 of the Act for the impugned assessment year. However, while deciding assessee’s appeal in the order referred to above, the Tribunal quashed the order passed under section 263 of the Act and accepted assessee’s claim of lease rental as business income. Thus, applying the rule of consistency also, assessee’s claim of lease rental as income from business and profession has to be accepted. In view of the aforesaid, we do not find any infirmity in the order of learned Commissioner (Appeals) on the issue. This ground is dismissed. Proceedings under section 154 - Interest expenditure - assessee had not claimed the expenditure in the return of income filed under section 139(1) of the Act, it is not allowable - HELD THAT:- Proceedings under section 154 - technically, the Revenue cannot challenge both these issues in a single appeal, which is the case at hand. As per the provision of the Act, if the Revenue was aggrieved with the decision of learned Commissioner (Appeals) in respect of both the appeals filed by the assessee, it should have filed two separate appeals, as the issue arising out of two separate proceedings cannot be clubbed in a single appeal. For this reason alone, ground no.2 raised by the Revenue deserves to be dismissed, as, the present appeal is to be treated as originating from the assessment order passed under section 143(3) r/w section 263 of the Act. Accordingly, ground no.2 is dismissed.
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