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2021 (7) TMI 1069 - AT - Income TaxCorrect head of income - treatment to assessee’s leased rental income - Business Income or Income from House Property - HELD THAT:- The issue on merits in AY 2010-11 [2019 (9) TMI 310 - ITAT MUMBAI] stood covered in assessee’s favor wherein the rental income has finally been accepted as ‘Business Income’. The issue in AY 2012-13 [2019 (5) TMI 1675 - ITAT MUMBAI] has also attained finality since no appeal was preferred by the department against appellate order for that year. The revisional order passed u/s 263 has already been quashed by the Tribunal. For the stated reasons, no infirmity could be found in the impugned order. Therefore, revenue’s appeal stand dismissed. CIT(A) correctly allowed assessee’s appeal and directed Ld. AO to assess the rental income as ‘Business Income’. - Decided in favour of assessee.
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