TMI Blog2012 (10) TMI 580X X X X Extracts X X X X X X X X Extracts X X X X ..... M/s Supreme Auto Works. The remaining portion of the factory premises was found to be in the possession of other persons, from whom, the assessee was charging licence fee. The AO treated the licence fee as income from house property, following the Tribunal orders in the assessee’s own case, for A.Y.s 1990-91 to 1993-94. It is the very same licence fee earned by the assessee during the year unde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The assessee had declared gross receipts of Rs. 7,31,500/- from job work, and of Rs. 14,51,600/- as income from licence fee, as against gross receipts of Rs. 12,99,500/- from job work and Rs. 5,83,500/- as income from licence fee, in the immediately preceding assessment year. The Assessing Officer observed that the assessee was the owner of a factory shed measuring 1210 sq. yards , out of which h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l for the assessee has, further, placed reliance on Commissioner of Income-tax Vs. D.S. Promoters and Developers Pvt. Ltd. , 330 ITR 291 (Del), wherein it has been held that income from property owned by the assessee on property taken on lease, is assessable as business income. 5. The Ld. DR, on the other hand, has placed strong reliance on the impugned order, contending that the findings of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . In these facts, we do not find any error with the order of the Ld. CIT (A), which we hereby confirm. 8. Apropos D.S. Promoters and Developers Pvt. Ltd. (supra), the facts therein are entirely different, inasmuch as in that case, in the earlier years, the Tribunal is not shown to have held the licence fee to be income from house property. 9. In view of the above, the grievance of the assess ..... X X X X Extracts X X X X X X X X Extracts X X X X
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