TMI Blog2007 (12) TMI 214X X X X Extracts X X X X X X X X Extracts X X X X ..... the stand of Assessee as Business Income – HC confirmed the order of Tribunal – Revenue filed appeal before SC – SC observed that that in this case there were two separate proceedings involved, viz., order of Commissioner of Income-tax (Appeals) plus proceedings under section 148. Unfortunately, all proceedings are clubbed in the writ petitions. We do not know the exact status of those proceedings ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to Canara Bank and others. Respondent received hiring charges and maintenance charges from the lessees. Thereafter, the respondent filed its returns for the Assessment Year 1997-98. The Assessment Officer (AO) held that it was an income from house property and not from business as claimed by the assessee in its returns. The assessment order was confirmed by the Commissioner of Income-tax (Appeals ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the High Court has held in all the writ petitions that the income should be treated as business income and not as income from house property as held by the Tribunal. In this connection, we quote hereinbelow the relevant passage from the impugned order: "In respect of one assessment of one assessment year of the same petitioner, viz. 1997-98, the income Tax Appellate Tribunal, Lucknow, by its jud ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... maintainable in law. The Tribunal had taken the view that income was from business for Assessment Year 1997-98. It was not open to the High Court to direct by an omnibus order that all subsequent years are connected years and that income be treated only as business income. Under the Income Tax Act, the unit of assessment is a "year". This is not a case of block assessment. 6. Be that as it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rns. We express no opinion in that regard. Similarly if the decision of the Commissioner of Income-tax (Appeals) is sought to be challenged for a given year, then, the assessee ought to have filed appeals under Section 253(1) before the Tribunal. However, since writ petitions were pending in the High Court, we direct that if such appeals are required to be filed, then they shall be filed within fo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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