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Commissioner of Income Tax Delhi Versus Atma Ram Properties Pvt. Ltd. And Vica-Versa

2015 (9) TMI 662 - DELHI HIGH COURT

Rental income received by the assessee from the tenants in occupation of the property - 'income from business' OR 'income from house property' - Held that:- In view of the fact that the Assessee has accepted the decision of the Income Tax Appellate Tribunal for the AYs 1992-93 till 1999-2000 and has expressed no objection to the Revenue's appeals for AYs 1990-91 and 1991-92 being allowed, the above questions in the Revenue's aforementioned appeals are answered in the negative i.e. favour of the .....

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Petitioner : Mr Rohit Madan, Senior Standing Counsel and Mr Zoheb Hossain, Advs For the Respondent : Mr V P Gupta and Mr Anunav Kumar, Advs ORDER 1. These are ten appeals under Section 260 A of the Income Tax Act, 1961 ('Act') against the orders of the Income Tax Appellate Tribunal (ITAT). Eight of these are appeals by the Assessee and two are by the Revenue. 2. The Assessee's appeals being ITA No. 841/2007 (corresponding to ITA No. 1167/Del/2002 before the ITAT for the AY 1996-97), .....

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o. 2385/Del/2003 before the ITAT for the AY 1999-00) against the common order dated 5th January 2007 of the ITAT and ITA No. 162/2003 against the order of the ITAT dated 31st July 2002 in ITA No. 4416/Del/1996 for the AY 1992-93. 3. When the appeals were called out, Mr. V.P. Gupta, learned counsel for the Assessee, stated that he had instructions to withdraw the aforementioned appeals of the Assessee. Accordingly ITA Nos. 162/2003, 836/2007, 841/2007, 848/2007, 849/2007, 850/2007,859/2007 and 86 .....

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d, the questions of law framed by the Court in ITA 355/2002 against the order dated 31st May 2002 in ITA No. 2543/DEL/1995 relating to AY 1990-91 were: (i) Whether the Income-tax Appellate Tribunal was correct in law in holding that the rental income received by the assessee from the tenants in occupation of the property known as Scindia House, Connaught Place, New Delhi is to be taxed under the head 'income from business' and not 'income from house property'? (ii) Whether on the .....

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