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2021 (6) TMI 422

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..... ut of steel units and quarters situated therein to be treated as business income. When there is no change in the facts and circumstances of the case, and this rental income has been accepted as income from the house property in earlier assessment years for 2007-08, 2009-10, 2010-11 and 2011-12, there is no ground to depart from the principles of Consistency . So finding no illegality or perversity in the impugned order passed by Ld. CIT(A), the appeal filed by the revenue is hereby dismissed. - ITA No.1879/Del./2018 - - - Dated:- 11-6-2021 - SHRI O.P.KANT, ACCOUNTANT MEMBER And SHRI KULDIP SINGH, JUDICIAL MEMBER REVENUE BY : SHRI ATIQ AHMED, SENIOR DR ASSESSEE BY : SHRI ROBIFYAIN ADV. SH. ARPIT GOYAL, CA ORDER PE .....

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..... House Property at ₹ 1,72,39,509/- being the rent received from land given on rent to various persons, outsiders and sister concerns. Declining the contention raised by the assessee that this income is income from house property, AO proceeded to treat the same as business income as the said premises rented out by the assessee from part of fixed assets in the asessee s balance sheet on which incidental expenses has been claimed and allowed by the revenue, and as such taxed the same as Business Income . 3. Assessee carried the matter before Ld. CIT(A) by way of filing the appeal who has deleted the addition by partly accepting appeal. Feeling aggrieved the revenue has come up before the Tribunal by way of filing the present appea .....

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..... eproduced the relevant portion of the said First Appellate Order wherein it has been mentioned that in the earlier assessment years 2007-08, 2009-10 and 2010-11 under similar facts, it has been held that income derived from letting out of building and quarters in respect of steel unit is assessable to tax under the head income from house property . Thus, in view of the principles of consistency, the Learned CIT(Appeals) was justified in allowing the claimed income from house property. The same is upheld. The ground is accordingly rejected. 7. Ld. DR for the revenue has failed to bring on record any change in the facts and circumstances of the case to treat the income by way of rental income earned by the assessee from letting out of .....

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