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TMI Blog2015 (10) TMI 1065X X X X Extracts X X X X X X X X Extracts X X X X ..... of the re-opening proceedings u/s.144 r.w.t.s. 147/148, although the same is bad in law since the re-opening has been done on 30-03-06, after the expiry of 4 years from the end of the assessment year, i.e. 3 1-03-04. b. The learned CTT(A) erred in confirming the reassessment and the ex-parte order passed by the AO, although the reasons for re-opening were not furnished by the learned AO and the assessee was not given an opportunity of being heard, before the AO 2. "Business Income" or "Income from House Property" - a. The learned CIT(A) erred in confirming the addition of Rs. 8,35,200/- as income from House property. b. The learned CIT(A) has failed to apprecia ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aid order was placed on the file and was also given to Ld. DR. Similar ground was raised by the Revenue and it was decided by the Tribunal as under: " 7. Aggrieved by the order of the Learned CIT(A), assessee preferred and appeal before us and raised the following grounds: "1. The Learned CIT(A) was not justified in confirming the addition of Rs. 8,35,200/- as income from house property. 2. The Learned CIT(A) has failed to appreciate the facts and circumstances of the case and the submissions of the appellant that no amount was chargeable under the head, 'income from house property' in respect of the said property. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the tenant with the landlord in connection with the letting out of such property. It must be remembered that in a taxing statute it would be unsafe for the Court to go beyond the letter of the law and try to read into the provision more than what is already provided for. The attempt by learned counsel for the Revenue to draw an analogy from the Wealth Tax Act, 1957 is also to no avail. It is an admitted position that there is a specific provision in the Wealth Tax Act which provides for considering of a notional interest whereas Sec. 23(1)(a) contains no such specific provision." 10. The Learned Counsel for the assessee filed the paper book and at page 44 and 45 it is clearly stated as follows: ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s premises. The assessee was able to reduce its losses and get better financial results. From page 45 of the paper book it is clear that the intention of the assessee was for the purpose of business and not to earn rental income. Hence we are of the opinion that the income is to be taxed as business income and consequently depreciation of the building which was regularly claimed by the assessee firm barring the year under appeal should also be allowed. 12. In the result, the appeal filed by the assessee is allowed. Order pronounced on this 28th day of January, 2011." 3.1 It was submitted that facts and circumstances of the case for the present year are same. Ld. DR did not dispute such contention of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... copy of which is filed at pages 39 to 42 of the paper book, which is a letter dated 15/10/2008. Following reply was submitted. "Bad Debts: Assessed firms book of A/c. are audited. They have written off bad-debt of Rs. 1,90,971/-. The bad debts relates to old export debtor from France M/s. Jogtex Yeal soldes with whom assessed firm was doing business since prior to 1992-1993. As per copy of A/c. of M/s. Jogtex Yeal soldes from 1993 onward, they have given business of more than Rs. 1,90,971/- which is written off as bad debt on 31/3/99. The last payment from party through proper banking was received on 26/11/1996. All the evidences are enclosed" 5. We have heard both the parties an ..... X X X X Extracts X X X X X X X X Extracts X X X X
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