TMI Blog2000 (3) TMI 35X X X X Extracts X X X X X X X X Extracts X X X X ..... part of the building nor the land appurtenant thereto - permitting some companies to display their boards on hoardings cannot be taken as income from house property as hoardings cannot be treated as part of the building - income in question was assessable as income from other sources - - - - - Dated:- 7-3-2000 - Judge(s) : Y. R. MEENA., R. K. MAZUMDAR JUDGMENT On a reference application u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by reason of ignoring Important and relevant evidence produced at the time of the hearing before the income-tax authorities and/or on record ? (3) Whether the finding of the Tribunal based on wrong assumption that the hoardings were put up by the assessee itself is not perverse ?" The assessee derives income from house property, business, capital gains and other sources. The business of the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the Tribunal has considered the decision of this court in the case of CIT v. Kanak Investments (Pvt.) Ltd. [1974] 95 ITR 419, and also the decision of this court in CIT v. Modee Manufacturing Co. Pvt. Ltd. [1986] 159 ITR 270, and reversed the view taken by the Commissioner of Income-tax (Appeals) holding that letting out the hoardings on the top of the roof to display the advertisements is not i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Therefore, permitting some companies to display their boards on hoardings cannot be taken as income from house property as hoardings cannot be treated as part of the building. Considering this finding, we find no force in the submissions of learned counsel for the assessee. In the result, we answer questions Nos. 1 and 2 in the affirmative, i.e., in favour of the Revenue and against the ass ..... X X X X Extracts X X X X X X X X Extracts X X X X
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