ITO, Ward-2(3), Kolkata, Kolkata V. M/s Lexotic Exports Pvt. ltd., Kolkata

ITA 281/KOL/2017

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 0578 (ITAT-KOLKATA)
• Duration Of Justice: 10 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-12-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2011-2012
• Appeal Filed On: 14-02-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: BISHNU KANT AGARWAL
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH : KOLKATA [BEFORE SHRI J.SUDHAKAR REDDY, AM ] I.T.A NO. 281/KOL/201 7 ASSESSMENT YEAR : 2011-1 2 ITO, WARD-2(3), KOLKATA -VS- M/S LEXOTIC EXPORTS PVT. LTD. [PAN: AABCL 4335 P] (APPELLANT) (RESPONDENT) FOR THE APPELLANT : SHRI SANJAY MUKH ERJEE, ADDL. CIT FOR THE RESPONDENT : SHRI BISHNU KANT AGARWAL , FCA DATE OF HEARING : 28.12.2017 DATE OF PRONOUNCEMENT : 28.12.2017 ORDER THIS APPEAL BY THE ASSESSEE ARISES OUT OF THE ORDE R OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-11, KOLKATA [ IN SHORT THE LD CITA] DATED 28.11.2016 AGAINST THE ORDER PASSED BY THE ITO, WARD-2(3), KOLKATA [ I N SHORT THE LD AO] UNDER SECTION 143(3) OF THE INCOME TAX ACT, 1961 (IN SHORT THE A CT) DATED 31.01.2014 FOR THE ASSESSMENT YEAR 2011-12. 2. AFTER HEARING RIVAL CONTENTIONS. I FIND THAT THE SOLE ISSUE IS WHETHER, THE INCOME EARNED BY THE ASSESSEE BY RENTING OUT THE PREMISES ALONG WITH RENDERING CERTAIN COMPOSITE SERVICES, IS ASSESSABLE UNDER THE HEAD I NCOME FROM BUSINESS OR UNDER THE INCOME FROM HOUSE PROPERTY. 3. THE LD. CIT(A) HAS HELD THAT THE CONSIDERATION R ECEIVED BY THE ASSESSEE WAS FOR COMPOSITE SERVICES. THE LD. CIT(A) APPLIED THE DECI SION OF HON'BLE SUPREME COURT IN THE CASE OF EAST INDIA HOUSING AND LAND DEVELOPMENT TRUST INDIA VS. CIT REPORTED IN 42 ITR 49 (SC) AND THE JUDGMENT IN THE CASE OF CHEN NAI PROPERTY AND INVESTMENTS LTD. 2 ITA NO.281/KOL/2017 M/S LEXOTIC EXPORTS PVT. LTD. A.YR.2011-12 2 CHENNAI VS. CIT IN CIVIL APPEAL NO. 4491/2004 JUDGM ENT DATED 09.04.2015 AND HELD THAT THE INCOME IN QUESTION IS ASSESSABLE UNDER THE HEAD INCOME FROM HOUSE PROPERTY ONLY. THE LD. DR COULD NOT CONTROVERT THE FACTUAL F INDINGS OF THE LD. CIT(A). HENCE, I UPHOLD THE SAME AND DISMISS THE APPEAL. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE COURT ON 28.12.2017 SD/- [J. SUDHAKAR REDDY] ACCOUNTANT MEMBER DATED : 28.12.2017 SB, SR. PS COPY OF THE ORDER FORWARDED TO: 1. ITO, WD-2(3), KOLKATA, 7 TH FLOOR, R/NO. 21, AAYAKAR BHAWAN, P-7, CHOWRINGHEE SQUARE, KOLKATA-69. 2. M/S LEXOTIC EXPORTS PVT. LTD., BLOCK: EN-12, SEC TOR-V, SALT LAKE CITY, KOLKATA-91 3..C.I.T.(A)- , KOLKATA 4. C.I.T.- KOLKATA. 5. CIT(DR), KOLKATA BENCHES, KOLKATA. TRUE COPY BY ORDER SENIOR PRIVAT E SECRETARY HEAD OF OFFICE/D.D.O., ITAT, KOLKATA BENCHE S