ACIT, Circle - 35, Kolkata, Kolkata V. M/s. Jagat Property, Kolkata

ITA 1887/KOL/2010

• Counselvise Citation: 188723514 RSA 2010
• Duration Of Justice: 1 year(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-10-2011
• Appeal Filed By: Department
• Bench Allotted: C
• Assessment Year: 2005-2006
• Appeal Filed On: 07-10-2010
• Court: TRIBUNAL
• Department Lawyers: P S DUTTA
• Assessee Lawyers: J L RAMPURIA
• Section: 260A

Judgement Text

, , , IN THE INCOME TAX APPELLATE TRIBUNAL, BEN CH C, KOLKATA () BEFORE , ,, , , SHRI MAHAVIR SINGH, JUDICIAL MEMBER. /AND . .. . ! ! ! !. .. . , '# SHRI C.D.RAO, ACCOUNTANT MEMBER $ $ $ $ / ITA NO . 1887/KOL/2010 %& '(/ ASSESSMENT YEAR : 2005-06 (*+ / APPELLANT ) A.C.I.T., CIRCLE-35, KOLKATA - % - - VERSUS - . (-.*+/ RESPONDENT ) M/S. JAGAT PROPERTY (PAN:AAAAJ 2322 F) *+ / 0 '/ FOR THE APPELLANT: SHRI P.S.DUTTA -.*+ / 0 '/ FOR THE RESPONDENT: SHRI J.L.RAMPURIA 1%2 / !# /DATE OF HEARING : 12.10.2011. 3' / !# /DATE OF PRONOUNCEMENT : 12.10.2011 '4 / ORDER ( (( ( . .. . ! ! ! !. .. . ) )) ), , , , '# PER SHRI C.D.RAO, AM THIS APPEAL IS FILED BY REVENUE AGAINST THE ORDER DATED 28.07.2010 OF THE LD. CIT(A)-XX, KOLKATA. 2. THE REVENUE HAS TAKEN THE FOLLOWING GROUNDS OF APPEAL :- 1. THE LD. CIT(A) ERRED IN HOLDING THE FAIR RENT OF RS.8,27,907/- FROM THE SUB- LETTING OF THE SAME PROPERTY BY M/S. PANNLAL SAGARM AL WHICH IS THE SISTER CONCERN OF THE ASSESSEE AS NOT THE FAIR RENT OF THE ASSESSEE. 2. THE LD. CIT(A) ERRED IN HOLDING RS.2,25,792/- P ER ANNUM AS THE FAIR RENT OF THE ASSESSEE AND NOT THE AMOUNT WHICH WAS FURTHER S UBLET BY THE SISTER CONCERN AS MENTIONED ABOVE. 3. THERE IS A DELAY OF 2 DAYS IN FILING OF T HE APPEAL BY THE REVENUE FOR WHICH THE REVENUE HAS FILED A CONDONATION PETITION EXPLAINING THE REASONS FOR SUCH DELAY. AFTER CONSIDERING THE SUBMISSIONS BY THE REVENUE THE DELA Y IS CONDONED. 2 4. AT THE TIME OF HEARING, THE LD. DR APPEARING ON BEHALF OF THE REVENUE BY REFERRING TO THE OBSERVATIONS MADE BY ASSESSING OFF ICER SUPPORTED THE ORDERS OF AO. 5. ON THE OTHER HAND, THE LD. COUNSEL APPEARING ON BEHALF OF ASSESSEE SUBMITTED THAT LD. CIT(A) HAS FOLLOWED THE ORDERS OF ITAT IN ASSESSEES OWN CASE IN THE PRECEDING ASSESSMENT YEARS. THEREFORE HE REQUESTED TO UPHOLD THE SAME. 6. AFTER HEARING THE RIVAL SUBMISSIONS AND ON CARE FUL PERUSAL OF MATERIALS AVAILABLE ON RECORD, THE OBSERVATIONS OF LD. CIT(A) ON THESE ISSUES ARE AS UNDER :- I HAVE CONSIDERED THE SUBMISSION OF THE APPELLANT. I FIND THAT THE ISSUE IS COVERED BY THE DECISION OF THE JURISDICTIONAL ITAT. THE AO HAS HIMSELF MENTIONED IN THE ASSESSMENT ORDER THAT THE ISSUE HAS BEEN DECIDED IN FAVOUR OF THE APPELLANT BY THE ITAT IN EARLIER YEARS. IN VIEW OF THE RATIO LAID DO WN BY THE HONBLE ITAT, THE AO IS DIRECTED TO ACCEPT THE RENTAL INCOME AT RS.2,25,792 /- INSTEAD OF RS.8,27,907/- AS ADOPTED BY HIM. GROUND NO.2 IS ALLOWED. 6.1. IT IS FURTHER OBSERVED THAT THE ABOVE FACT HA S BEEN ACCEPTED BY AO HIMSELF IN THE ASSESSMENT ORDER BY OBSERVING AS UNDER :- BOTH THE GROUNDS AS DISCUSSED ABOVE ARE SUBJECT MA TTER OF APPEAL FILED BY THE DEPARTMENT U/S 260A AGAINST THE ORDER OF ITAT IN RE SPECT OF A.Y. 1994-05 & 1995-96 BESIDES THE A.YRS. 1990-91, 91-92 & 92-93. THEREFOR E, AS A FOLLOW-UP ACTION AND TO KEEP THE ISSUE ALIVE THE STAND TAKEN IN THESE ISSUE S ARE TAKEN AT PER WITH THOSE ASSESSMENT YEARS. 6.2. KEEPING IN VIEW OF THE ABOVE FACTS, SINCE LD. CIT(A) HAS FOLLOWED THE ORDERS OF LD. TRIBUNAL IN THE CASE OF ASSESSEE IN THE IMMEDIA TELY PRECEDING ASSESSMENT YEARS WE FIND NO INFIRMITY IN THE ORDERS OF LD. CIT(A) TO BE INTERFERED WITH. WE CONFIRM THE SAME AND DISMISS THE APPEAL OF REVENUE. 7. IN THE RESULT THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 12.10.2011. SD/- SD/- , , , , MAHAVIR SINGH, JUDICIAL MEMBER . .. . ! ! ! !. .. . , , , , '# '# '# '# , C.D.RAO, ACCOUNTANT MEMBER. ( (( (!# !# !# !#) )) ) DATE: 12.10..2011. R.G.(.P.S.) 3 '4 / -5 6'5'7- COPY OF THE ORDER FORWARDED TO: 1. M/S. JAGAT PROPERTY, 4, SYNAGOGUE STREET, KOLKATA-7 00001. 2 THE A.C.I.T., CIRCLE-35, KOLKATA. 3. THE CIT, 4. THE CIT(A)-XX, KOLKATA. 5. DR, KOLKATA BENCHES, KOLKATA .5 -/ TRUE COPY, '4%1/ BY ORDER, DEPUTY /ASST. REGISTRAR , ITAT, KOLKATA BENCHES