TMI Blog2013 (1) TMI 758X X X X Extracts X X X X X X X X Extracts X X X X ..... ed that the decision was in favour of assessee in previous assessment years. HELD THAT : - Expenditure had been incurred to preserve and maintain an already existing asset, and the object of the expenditure was not to bring a new asset into existence or to obtain a new advantage. CIT (A)'s decision was upheld. Decision in the cases of COMMISSIONER OF INCOME-TAX VERSUS SARAVANA SPINNING MILLS P. LTD. [ 2007 (8) TMI 16 - SUPREME COURT] and COMMISSIONER OF INCOME TAX VERSUS MIHIR TEXTILES LTD. [ 2008 (5) TMI 282 - GUJARAT HIGH COURT] , relied upon. - ITA. No.2785/Ahd/2009 - - - Dated:- 24-1-2013 - D.K.TYAGI JUDICIAL MEMBER A.K. GARODIA ACCOUNTANT MEMBER Shri Sunil H. Talati : for the appelant Shri D.S. Kalyan, CIT-D ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ffered by the assessee in subsequent year, and hence, if the income is added in the present year, there will be double taxation of the same income, and if direction is given to the AO to exclude this income in the subsequent year, then the assessee has no grievance. 5. It was submitted by the learned DR of the Revenue that income has to be assessed in the current year and for the exclusion of the income in the subsequent year, suitable direction may be given by the Bench. 6. We have considered rival submissions, perused material on record and gone through the orders of the authorities below. We find that there is no argument raised by the learned AR of the assessee that this income was not otherwise taxable in the present year, and th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... duction at the rate of 30%. He also placed reliance on judgment of the Hon ble Punjab Haryanna High Court rendered in the case of CIT Vs. Delhi Cloth and General Mills Co. Ltd. as reported in 59 ITR152. In reply it was submitted by the learned DR that since the income in question is the rental income, the same was rightly taxed by the AO under the head Income from House Property . Regarding the treatment given by the AO in the earlier year, it was submitted that even if some mistake was committed by the AO in the earlier years, the same should not be perpetuated. Regarding the reliance placed on by the learned AR of the assessee on the judgment of the Hon ble Punjab and Haryana High Court rendered in the case of Delhi Cloth and Genera ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Regarding the argument that this income was taxed under the head income from business in earlier years, we find that on the plea of consistency, it cannot be held that if a mistake is committed by the AO in earlier years, the same should be perpetuated. This is not case of the assessee that the rental income is not in respect of house property owned by the assessee, and hence in our considered opinion, this rental income is taxable under the head income from house property, as has been held by the authorities below, and hence, we do not find any reason to interfere with order of the learned CIT(A) on this issue, and this ground of the appeal of the assessee is dismissed. 9. In the result, the appeal of the assessee is dismissed. 10 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e expenses of reconditioning of body and engine expenses. 13. The learned DR supported the assessment order whereas it was submitted by the learned counsel of the assessee that this issue is covered in favour of the assessee by the decision of the Tribunal in assessee s own case for A.Y.1995-1996, 1997-1998, 1990-1991 and 1991-1992 in ITA No.22, 1871, 2794 and 3429/Ahd/2002. It was submitted that copy of this decision of the Tribunal is available at page no.31 to 41 of the paper book. 14. We have considered rival submission and have perused the material available on record and gone through the orders of the authorities below. The learned DR could not controvert this contention of the learned AR of the assessee that the issue is cover ..... X X X X Extracts X X X X X X X X Extracts X X X X
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