TMI Blog2016 (6) TMI 534X X X X Extracts X X X X X X X X Extracts X X X X ..... elationship of landlord and tenant has come to an end. Once the Special Bench order of the Tribunal in Narang Overseas Pvt. Ltd., (supra) has taken a view on the character of mesne profits, then unless the Revenue challenges the order of the Special Bench of the Tribunal it would be unfair of the Revenue to pick and choose assessees where it would follow the decision of the Special Bench of the Tribunal in Narang Overseas Pvt. Ltd., (supra) The least that is expected of the State which prides itself on Rule of Law is that it would equally apply the law to all assessees's. No substantial question of law. - Decided against revenue - Income Tax Appeal No. 2356 of 2013 - - - Dated:- 6-6-2016 - M. S. Sanklecha And A. K. Menon, JJ. For ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the definition of mesne profits in Section 2(12) of the Code of Civil Procedure, 1908 which reads as under: Mesne profits of property means those profits which the person in wrongful possession of such property actually received or might with ordinary diligence have received therefrom, together with interest on such profits, but shall not include profits due to improvements made by the person in wrongful possession. On the basis of above, it held that any amount received from a person in wrongful possession of its property, would be mesne profits and it is capital in nature. 4. This appeal was on board on 14th January, 2016. At that time, it was pointed out to us that the Revenue had preferred an appeal against the decision ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ticularly so in the face of having accepted the order of the Special Bench of the Tribunal in Narang Overseas Pvt. Ltd., (supra). 7. We had in Director of Income Tax (International Taxation) v/s. Credit Agricole Indosuez ITR 102 377observed as under: (v): . . . . . . . In matters of tax, justice requires that there must be certainty of law which presupposes equal application of law. Thus, where the issue in controversy stands settled by the decisions of this court or the Tribunal in any other case and the Revenue has accepted that decision then in that event, the Revenue ought not to agitate the issue further unless there is some cogent justification such as change in law or some later decision of an higher forum, etc., ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eds to be admitted. 10. We find that the issue before the Special Bench of the Tribunal in Narang Overseas Pvt. Ltd., (supra) was to determine the character of mesne profits being either capital or revenue in nature. The Special Bench of the Tribunal in Narang Overseas Pvt. Ltd., (supra) held that the same is capital in nature. There is no doubt that the issue arising herein is also with regard to the character of mesne profits received by the RespondentAssesse. In this case also, the amounts are received by the RespondentAssessee from a person in wrongful possession of its property i.e. after the relationship of landlord and tenant has come to an end. Once the Special Bench order of the Tribunal in Narang Overseas Pvt. Ltd., (supra) has ..... X X X X Extracts X X X X X X X X Extracts X X X X
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