DISCOVERY ESTATES PVT. LTD., NEW DELHI V. ACIT, CIRCLE- 2, NEW DELHI

ITA 5838/DEL/2018

• Counselvise Citation: [2021] 104 COUNSELVISE.COM (IT) 8425 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 2 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-11-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2014-2015
• Appeal Filed On: 09-09-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Business income
• Section: 250

Judgement Text

Page | 1 IN THE INCOME TAX APPELLATE TRIBUNAL [ DELHI BENCH “B”: NEW DELHI ] BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER (Through Video Conferencing) ITA No.5838 & 2539/Del/2018 (Assessment Year: 2014-15 & 2015-16) Discovery Estates Pvt. Ltd, 17-B, MGF House, Asaf Ali Road, New Delhi – 110 002. PAN: AABCD4163D Vs. ACIT, Circle-2, New Delhi. (Appellant) (Respondent) Assessee by : Shri Harish Kumar, AR; Department by : Ms. Yagyasini Kakkar [CIT] – DR; Date of Hearing : 16/11/2021 Date of pronouncement : 16/11/2021 O R D E R PER PRASHANT MAHARISHI, A. M. 1. These are the two appeals filed by the same assessee for assessment years 2014-15 and 2015-16. The appeal for assessment year 2014-15 is filed against the order of the CIT (Appeals)–23, New Delhi, and appeal for assessment year 2015-16 is filed against the order of the same CIT (Appeals) dated 30 th July, 2018. 2. The assessee has raised the following common grounds of appeal:- “Ground No. 1: The Ld. Commissioner of Income Tax (Appeals) - 23, New Delhi (hereinafter referred to as 'CIT(A)') has erred on facts and in law in passing the order dated 30-07-2018 under section 250 of the Income Tax Act, 1961 (hereinafter referred to as 'The Act'). Ground No. 2: The Ld. CIT(A) erred on facts and in law in holding that the Assessing officer is correct in treating the rental income earned of by the appellant from commercial properties as Income under the head House Property instead of Income from business Income. Page | 2 Ground No. 3: The appellant prays that he may be allowed to add, amend, alter or forego any of the above grounds of appeal as the circumstances may warrant. “ 3. At the time of hearing the assessee has submitted that the only issue in both the appeals is on the issue whether the rental receipts should be treated as income from house property or business income. It was further stated that identical issue in assessee’s own case in respect of assessment year 2006-07 is pending before the Hon’ble Supreme Court. Therefore, the assessee has filed Form No. 8 being declaration under Section 158A for blocking of the appeals. 4. The ld. DR also confirmed the above facts. 5. We have carefully considered the rival contentions and find that identical issue in the case of the assessee is pending before the Hon’ble Supreme Court by Case Nos. SLP (C) No.036838/2013 registered on 29.11.2013 and 020610/2013 registered on 29.11.2013. Therefore, as an identical question of law is pending before the Hon’ble Supreme Court, the above appeals are restored back to the file of the ld. Assessing Officer to apply the law as laid down by the Hon’ble Supreme Court in the impugned appeals of the assessee, after the decision of the Hon’ble Supreme Court. Accordingly, both the appeals of the assessee are restored back to the file of the ld. Assessing Officer to deal with them in accordance with the provisions of Section 158A of the Act. 6. Accordingly , Form no 8 filed by assessee is accepted and appeals are allowed accordingly. Order pronounced in the open court on 16/11/2021. -Sd/- Sd/- ( AMIT SHUKLA ) (PRASHANT MAHARISHI) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated : 16/11/2021 *MEHTA* Copy forwarded to 1. Appellant;