ASST CIT 17(3), MUMBAI V. SANE & DOSHI ENTERPRISES, MUMBAI

ITA 1802/MUM/2016

• Counselvise Citation: [2017] 126 COUNSELVISE.COM (IT) 8019 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 8 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-12-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2011-2012
• Appeal Filed On: 28-03-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ASSESSMENT YEAR S; RESPECTIVELY
• Section: 6

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH I , MUMBAI BEFORE SHRI RAJENDRA , HON'BLE ACCOUNTANT MEMBER AND SHRI C.N. PRASAD, HON'BLE JUDICIAL MEMBER ITA NO . 1801 & 180 2 /MUM/201 6 (A.Y S : 2012 - 13 & 2011 - 12 ) ACIT 17(3) R.NO. 137 AAYAKAR BHAVAN, M.K.ROAD, MUMBAI - 400 020 V . M/S. SANE & DOSHI ENTERPRISES, 12, ALI CHAMBERS, TAMARIND LAN E, FOR T , MUMBAI 400 023 PAN NO: AAAFS 6687 D (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI RUTUJA N. PAWAR DEPARTMENT BY : SHRI SAURABH KUMAR RAI DATE OF HEARING : 16 .11.2017 DATE OF PRONOUNCEMENT : 20 .12 .2017 O R D E R PER C.N. PRASAD (JM) 1. THESE TWO APPEALS ARE FILED BY THE REVENUE FOR THE ASSESSMENT YEARS 2012 - 13 AND 2011 - 12 RESPECTIVELY AGAINST THE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) - 28, MUMBAI DATED 22.01.2016. 2. IN BOTH THESE APPEALS COMMON GROUNDS WERE RAISED BY THE REVENUE EXCEPT FOR T HE FIGURES, IN HOLDING THAT THE RENTAL INCOME RECEIVED BY THE ASSESSEE ON UNSOLD PREMISES AS INCOME FROM HOUSE PROPERTY AS AGAINST 2 ITA NO.1801 & 1802/MUM/2016 M/S. SANE & DOSHI ENTERPRISES THE ACTION OF THE ASSESSING OFFICER IN ASSESSING THE SAID INCOME UNDER THE HEAD INCOME FROM BUSINESS. 3. LEARNED COUNSEL FOR THE ASSESSEE, AT THE OUTSET SUBMITS THAT THE ISSUE IN APPEAL IS SQUARELY COVERED BY THE DECISION OF THE HON' BLE JURISDICTIONAL HIGH COURT IN ASSESSEES OWN CASE FOR THE ASSESSMENT YEARS 2000 - 2001 TO 2008 - 09 BY ORDER DATED 09.04.2015 WHEREIN THE HON'BLE JURISDICTIONAL HIGH COURT HAD UPHE LD THE ORDER OF THE TRIBUNAL IN HO L DING THAT THE INCOME FROM SUCH PROPERTY IS ASSESSABLE UNDER THE HE AD INCOME FROM HOUSE PROPERTY BUT NOT UNDER THE HEAD INCOME FROM BUSINESS AND DISMISSED THE APPEALS FILED BY THE REVENUE HOLDING THAT NO SUBSTANTIAL QUEST ION OF LAW ARISES. COPY OF THE ORDER IS PLACED ON RECORD. 4. LD.DR FAIRLY SUBMITTED THAT THE ISSUE IN APPEAL IS DECIDED IN FAVOUR OF THE ASSESSEE BY THE HON'BLE BOMBAY HIGH COURT. 5. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE ORDER OF THE HON'BLE BOMBAY HIGH COURT WHICH IS PLACED ON RECORD. ON A READING OF THE SAID OR DER WE FIND THAT THE HON'BLE COURT HELD THAT THE INCOME FROM PROPERTY IS ASSESSABLE UNDER THE HEAD INCOME FROM HOUSE PROPERTY. THIS ORDER OF THE HON'BLE JURISDICTIONAL HIGH COURT IS FOLLOWED BY THE LD.CIT(A) IN BOTH THESE APPEALS. IN THE CIRCUMSTANCES WE DO NOT SEE ANY VALID REASON TO 3 ITA NO.1801 & 1802/MUM/2016 M/S. SANE & DOSHI ENTERPRISES INTERFERE WITH THE ORDERS OF THE LD.CIT(A). THUS, WE REJECT THE GROUNDS OF THE REVENUE. 6. IN THE RESULT BOTH THE APPEALS OF THE REVENUE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THE 20 TH DECEMBER , 2017. SD/ - SD/ - ( RAJENDRA ) (C.N. PRASAD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI / DATED 20 / 12 / 2017 VSSGB , SPS COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY// BY ORDER, (ASSTT. REGISTRAR) ITAT, MUM