LATE SHRI RAMPRASAD RUIA, MUMBAI V. DCIT 3(1), MUMBAI

ITA 2111/MUM/2012

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 75644 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 10 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-02-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Next Hearing Date: 12-02-2014
• Assessment Year: 2007-2008
• Appeal Filed On: 30-03-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Business income

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH D, MUMBAI BEFORE SHRI SANJAY ARORA, ACCOUNTANT MEMBER AND DR. S.T.M. PAVALAN, JUDICIAL MEMBER ITA NO. 2111/MUM/2012 ASSESSMENT YEAR: 2007-08 LATE SHRI RAMPRASAD RUIA 901, MAKER CHAMBER-V, NARIMAN POINT MUMBAI-. 400 021 VS. DCIT 3(1) AAYAKAR BHAVAN MUMBAI. (APPELLANT) (RESPONDENT) PERMANENT ACCOUNT NO. :- AAAHR 3142 L APPELLANT BY : NONE RESPONDENT BY : SHRI SANJEEV JAIN DATE OF HEARING : 12.02.2014 DATE OF PRONOUNCEMENT : 21.02.2014 O R D E R PER DR. S.T.M. PAVALAN, JM: THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAIN ST THE ORDER OF THE LD.CIT(A)-7, MUMBAI DATED 16.11.2011 FOR THE ASSESS MENT YEAR 2007-08. 2. IN THIS APPEAL, THE ASSESSEE HAS RAISED THE FOLL OWING EFFECTIVE GROUNDS:- 1. THE HONBLE COMMISSIONER OF INCOME TAX (APPEALS ) HAS ERRED CONFIRMING ORDER OF THE LEARNED ASSESSING OFFICER I N TAXING RS.27,24,300/- AS RENTAL INCOME UNDER THE HEAD THE INCOME FROM HOUSE PROPERTY INSTEAD OF THE SAME BEING OFFERED BY THE ASSESSEE AS BUSINESS INCOME ON ACCOUNT OF THE RUNNING OF THE BUSINESS CENTRE IN RESPECT OF THE VA RIOUS PREMISES. IT IS THEREFORE PRAYED THAT THE BUSINESS CENTRE CHARGES R ECEIVED SHOULD BE TAXED AS INCOME FROM BUSINESS. 2. THE HONBLE COMMISSIONER OF INCOME TAX (APPEALS) HAS ERRED CONFIRMING ORDER OF THE A.O. AND TAXING RS.22,35,44 0/- AS RENTAL INCOME UNDER THE HEAD THE INCOME FROM OTHER SOURCES INSTEA D OF THE SAME BEING OFFERED BY THE ASSESSEE AS BUSINESS INCOME ON ACCOU NT OF THE RUNNING OF THE BUSINESS CENTRE IN RESPECT OF THE SAID PREMISES. IT IS THEREFORE PRAYED THAT THE SAID BUSINESS CENTRE CHARGES INCOME SHOULD BE TAXE D AS INCOME FROM BUSINESS. ITA NO. 2111/MUM/2012 LATE SHRI RAMPRASAD RUIA ASSESSMENT YEAR: 2007-08 2 3. NO ONE HAS APPEARED ON BEHALF OF THE ASSESSEE DE SPITE THE NOTICE HAVING BEEN SENT TO THE ASSESSEE WELL IN ADVANCE. WE, THER EFORE, PROCEED TO DECIDE THE APPEAL OF THE ASSESSEE AFTER CONSIDERING THE SUBMIS SIONS OF THE LD.DR AND ALSO PERUSING THE ORDERS OF THE AUTHORITIES BELOW. 4. AT THE OUTSET, IT IS OBSERVED THAT THE TRIBUNAL, IN THE ASSESSEES OWN CASE IN ITA NO. 2933/MUM/2009 FOR THE A.Y. 2005-06, ON SIMI LAR GROUNDS OF APPEAL RESTORED THE MATTER TO THE FILE OF THE LD.CIT(A) FOR DECIDIN G THE ISSUES AFRESH. THE AFOREMENTIONED DECISION OF THE TRIBUNAL IS BASED ON THE ORDER DATED 21.05.2010 PASSED IN ITA NO. 1213/MUM/2009 BY THE TRIBUNAL IN THE CASE OF SMT. SATYAVATI RUIA, WHO IS THE WIFE OF THE ASSESSEE. IN THE ABSEN CE OF ANY DISTINGUISHING FACTS BROUGHT ON RECORD BY THE REVENUE FOR THE YEAR UNDER CONSIDERATION, WE FOLLOWING THE AFOREMENTIONED ORDERS OF THE TRIBUNAL, ARE OF THE V IEW THAT IT IS JUST AND PROPER TO RESTORE THE MATTER BACK TO THE FILE OF THE LD.CIT(A ) TO DECIDE THE MATTER AFRESH IN THE SIMILAR LINE OF DIRECTIONS GIVEN BY THE TRIBUNA L IN THE SAID CASES. WE ORDER AND DIRECT ACCORDINGLY. 5. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSE. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 21 ST DAY OF FEBRUARY 2014. SD/- SD/- (SANJAY ARORA) (DR. S.T.M. PAVALAN) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED: 21.02.2014. *SRIVASTAVA COPY TO: THE APPELLANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT(A) CONCERNED, MUMBAI THE DR D BENCH //TRUE COPY// BY ORDER DY/ASSTT. REGISTRAR, ITAT, MUMBAI.