THE ACIT,CIRCLE-1, Nagpur V. M/S CITI CENTRE, Nagpur

ITA 435/NAG/2013

• Counselvise Citation: [2015] 134 COUNSELVISE.COM (IT) 1680 (ITAT-NAGPUR)
• Duration Of Justice: 1 year(s) 8 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-08-2015
• Appeal Filed By: Department
• Bench Allotted: DB
• Assessment Year: 2008-2009
• Appeal Filed On: 09-12-2013
• Court: TRIBUNAL
• Department Lawyers: NARENDRA KANE
• Keywords: Business income
• Section: 143(3); 28

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL NAGPUR BENCH, NAGPUR BEFORE SHRI MUKUL K. SHRAWAT, JUDICIAL MEMBER AND SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER ITA NO. 435/NAG./2013 ( ASSESSMENT YEAR : 200809 ) ASSTT. COMMISSIONER OF INCOME TAX CIRCLEI, MECL BUILDING SEMINARY HILLS, NAGPUR 440 013 PAN AADFC4966E APPELLANT V/S CITI CENTRE 233, WEST HIGH COURT ROAD DHARAMPETH, NAGPUR 440 010 PAN AADFC4966E .... RESPONDENT REVENUE BY : SHRI NARENDRA KANE ASSESSEE BY : SHRI K.P. DEWANI DATE OF HEARING 27.08.2015 DATE OF ORDER 28/08 /2015 O R D E R PER MUKUL K. SHRAWAT, J.M. THIS APPEAL FILED BY THE REVENUE IS EMANATING FROM TH E IMPUGNED ORDER DATED 18 TH SEPTEMBER 2013, PASSED BY THE LEARNED COMMISSIONER (APPEALS)-I, NAGPUR, FOR THE ASSESSMENT YEAR 200809, ON THE FOLLOWING GROUNDS OF APPEAL: ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE A ND IN LAW, THE LEARNED COMMISSIONER (APPEALS) ERRED IN HOLDING THA T THE INCOME FROM CITI CENTRE 2 LETTING OUT THE PREMISES WAS LIABLE TO BE ASSESSED AS BUSINESS INCOME UNDER SECTION 28 OF THE ACT AND NOT UNDER S ECTION 22 OF THE ACT. 2. AT THE OUTSET, WE HAVE BEEN INFORMED THAT THE ISSUE, AS RAISED BY THE ASSESSING OFFICER, VIDE IMPUGNED ORDER DATED 19 TH DECEMBER 2010, UNDER SECTION 143(3) OF THE ACT, IS NOW COVERED IN AS SESSEES OWN CASE BY FOLLOWING ORDERS OF THE TRIBUNAL: ITO V/S M/S. CITI CENTRE, ITA NO.28/NAG./2010, A.Y. 200607, ORDER DATED 27 TH APRIL 2011. CITI CENTRE V/S DCIT, ITA NO.95 AND 96/NAG./2009, A .Y. 200405 AND 200506, ORDER DATED 31TH JULY 2009. 3. A CONSISTENT VIEW HAS BEEN TAKEN BY THE RESPECTED COO RDINATE BENCH OF THIS TRIBUNAL THAT THE INCOME WOULD NOT BECO ME AS ASSESSABLE UNDER THE HEAD INCOME FROM HOUSE PROPERTY MERELY BECAUSE IT IS ATTACHED TO AN IMMOVABLE PROPERTY AS THERE CAN BE A CAS E OF COMMERCIAL EXPLOITATION OF A COMMERCIAL ASSET. CONSID ERING THE FACTS THAT THE ASSESSEE HAD BUILT A COMMERCIAL MALL AT DHARAM PETH, NAGPUR, WHICH WAS FOUND FITTED WITH LIFT, AIRCONDITIONERS, OT HER FIXTURES / FURNITURE AND EXPLOITED FOR COMMERCIAL USE, THEREFORE , THE INCOME EARNED WAS HELD AS INCOME FROM BUSINESS & PROFESSION . RESPECTFULLY FOLLOWING THESE DECISIONS AS CITED SUPRA, PRONOUNCED IN THE ASSESSEES OWN CASE, WE HEREBY AFFIRM THE FINDINGS FO THE LEARN ED CIT(A) AND DISMISS THE GROUNDS RAISED BY THE REVENUE. CITI CENTRE 3 4. IN THE RESULT, REVENUES APPEAL STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 28.08.2015 SD/ - SHAMIM YAHYA ACCOUNTANT MEMBER SD/ - MUKUL K. SHRAWAT JUDICIAL MEMBER NAGPUR, DATED: 28.08.2015 COPY OF THE ORDER FORWARDED TO : (1) THE ASSESSEE; (2) THE REVENUE; (3) THE CIT(A); (4) THE CIT, NAGPUR CITY CONCERNED; (5) THE DR, ITAT, NAGPUR; (6) GUARD FILE. TRUE COPY BY ORDER PRADEEP J. CHOWDHURY SR. PRIVATE SECRETARY A SSISTANT REGISTRAR ITAT, NAGPUR