Sri Bhagirath Sharma , Bokaro V. DCIT CIRCLE-3 , BOKARO

ITA 209/RAN/2017

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 7767 (ITAT-RANCHI)
• Duration Of Justice: 1 year(s) 4 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-01-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2013-2014
• Appeal Filed On: 31-08-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P K MONDAL
• Keywords: Business income
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RANCHI BENCH SMC, RANCHI BEFORE SH. S.S.GODARA, JUDICIAL MEMBER ITA NO.209/RAN/2017 [ASSESSMENT YEAR: 2013 - 14] SRI BHAGIRATH SHARMA, SWAMI SHAHJANAND COLONY, GURUDWARA ROAD, JODHADIH MORE, CHAS, BOKARO - 827013. PAN - AA ZFT1218Q VS DCIT, CIRCLE - 3, BOKARO . (APPELLANT) (RESPONDENT) APPELLANT BY SH. DEVESH PODDAR, ADV. RESPONDENT BY SH. P.K.MONDAL, JCIT DATE OF HEARING 07.01.2019 DATE OF PRONOUNCEMENT 09 .01.2019 ORDER PER SH. S.S.GODARA, JUDICIAL MEMBER THIS ASSESSEES APPEAL FOR AY 2013 - 14 ARISES AGAINST THE ORDER DATED 30.06.2017 PASSED BY THE CIT(A), HAZARIBAGH IN APPEAL NO.10021/2016 - 17 INVOLVING PROCEEDINGS U/S 143(3) OF THE INCOME TAX ACT, 1961 (IN SHORT ACT). HEARD BOTH THE PARTIES. CASE F ILE PERUSED. 2. THE ASSESSEES SOLE SUBSTANTIVE GROUND CANVASSED DURING THE COURSE OF HEARING IS THAT BOTH THE LOWER AUTHORITIES HAVE ERRED IN ASSESSING THE LEASE INCOME RECEIVED FROM ONGC TO BE INCOME FROM HOUSE PROPERTY THAN BUSINESS INCOME SHOWN IN RETU RN AS WELL AS BOOKS THEREBY RESTRICTING THE CORRESPONDING EXPENSES AMOUNTING TO RS.16,69,184/ - AS SALARY TO STAFF, DIESEL EXPENSES, GENERATOR, ELECTRICITY EXPENSE AND OTHER BASIC OFFICE EXPENSES TO T H E TUNE OF 30% ONLY . I FIND IN THIS BACKDROP PLEADINGS T HAT SOLE QUESTION THAT ARISES FROM MY ADJUDICATION IS AS TO WHETHER BOTH THE LOWER AUTHORITIES HAVE RIGHTLY TREATED THE IMPUGNED INCOME AS INCOME FROM HOUSE PROPERTY OR NOT. IT TRANSPIRES DURING THE COURSE OF HEARING THAT THE VERY SAME INCOME HAS BE E N ASS ESSED UND ER BUSINESS HEAD IN BOTH THE PRE CEDING AS WELL SUCCEEDING AY S 2013 - 14 & 2014 - 15 WITHOUT ANY DISTINCTION ON FACTS . I THEREFORE ADOPT CONSISTENCY PRINCIPLE IN THE DECISION OF AZADI BACHAO A N DOLAN [2003] 261 ITR 706(SC) THAT THERE HA S TO BE CONSISTENCY IN APPROACH OF THE ITA NO.2 09 /RAN/2017 [ASSESSMENT YEAR: 20 13 - 14 ] PAGE | 2 R EVENUE AUTHORITIES HOLD THAT THE ASSESSEE IMPUGNED LEASE INCOME DESERVES TO BE ASSESSED AS BUSINESS INCOME. THAT BEING T HE CASE ALL EXPENSES IN QUESTION HA VE TO BE ACCORDINGLY ALLOWED SINCE THERE IS NO DISPUTE O N GENUINENES S RAISED BY T HE LOWER AUTHORITIES . TH E ASSESSEE SUCCEEDS IN HIS SOLE SUBSTANTIVE GROUND OF APPEAL. 3. THIS ASSESSEES APPEAL IS ALLOWED IN ABOVE TERMS. ORDER PRONOUNCED IN THE OPEN COURT ON 09 .01.2019. SD/ - (S.S.GODARA) JUDICIAL MEMBER DATE: - 09 .01.2019 *AMIT KUMAR* COPY FORWARDED TO: 1 . APPELLANT - SRI BHAGIRATH SHARMA, SWAMI SHAHJANAND COLONY, GURUDWARA ROAD, JODHADIH MORE, CHAS, BOKARO - 827013. 2 . RESPONDENT - DCIT, CIRCLE - 3, BOKARO . 1 . CIT - RANCHI 2 . CIT(APPEALS) - RANCHI 3 . DR: ITAT - RANCHI BENCHES SR.P.S./H.O.O ITAT, RANCHI