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TMI Blog2019 (3) TMI 1599X X X X Extracts X X X X X X X X Extracts X X X X ..... ively dated 22.1.2018 relating to assessment year 2013-14. As per the application filed before us, it has been pointed out that the I.T.A.T. had erred in dismissing the appeal of the Revenue on addition made u/s 80P(2)(e) of the Income Tax Act, 1961 (in short 'the Act'), when it was a matter covered in favour of the Revenue. In the applications filed, the Revenue has pointed out how the impugned issue was covered in its favour as under: "a) In the assessee's own case for the A.Y. 2009-10, the Ld. CIT(A) dismissed the appeal of the assessee on this point. The assessee filed the appeal before the Hon'ble ITAT and the Hon'ble ITAT passed the order on 21.06.2013 , and referred back the issue to the AO for fresh adjudicati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nbsp; 3. The Ld. DR during the course of hearing before us reiterated the contentions made in the Miscellaneous Application. 4. The Ld. counsel for assessee on the other hand stated that there was no error in the order as pointed out by the Revenue since the I.T.A.T. had considered the adjudication of this issue in the preceding years and after doing so had decided the issue in favour of the assessee. It was pointed out that it had been noted in the order that in the preceding years the issue of claim of deduction u/s 80P(2)(e) of the Act, had been restored back to the A.O. following the order of the Hon'ble High Court on this issue in the case of the assessee, holding that only rent received from letting out the w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uld not tantamount to rental income eligible for deduction u/s 80P(2)(e) of the Act. The Ld.CIT(Appeals), we find has pointed out that following the said judgment the I.T.A.T. in assessee's own case in assessment year 2009-10 in ITA No.205/Chd/2013 dated 21.6.2013 had after accepting this fact held that though the assessee is not entitled to deduction on account of income earned from storage of goods, it is entitled to the same on account of hiring charges by letting out its godown to outsiders. The Ld.CIT(Appeals) has further examined the details of the rental income earned by the assessee amounting to Rs. 6,98,01,113/- and after verifying the same found to be correct. No infirmity in the above observations and findings o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ote of the fact that in the earlier years this issue had been sent back to the A.O. for verification and adjudication in the light of the findings of the Hon'ble High Court. In the impugned year, since it was found that the verification had already been done by the CIT(A) himself which was in accordance with the findings of the Hon'ble High Court, the appeal of the Revenue was dismissed on this count. The plea of the Revenue, therefore, that the issue needed to be restored back to the A.O. in the light of the decision of the I.T.A.T. in the earlier years, therefore, is based on incorrect appreciation of facts. 7. In the light of the above, we hold that there is clearly no error in the order of the I.T.A.T. and both the Miscellaneo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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