Asha Business Centre Private Limited, Bangalore V. Deputy Commissioner of Income tax, Circle - 11(1), Bangalore

ITA 963/BANG/2019

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 4283 (ITAT-BANGALORE)
• Duration Of Justice: 2 year(s) 4 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-09-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 22-07-2021
• Assessment Year: 2012-2013
• Appeal Filed On: 06-05-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: IN
• Keywords: Business income

Judgement Text

PAGE 6 OF 8 ITA NOS.963 & 964/BANG/2019 LD.CIT(A). THOUGH THE FIRST APPELLATE AUTHORITY HAS COTERMINOUS POWERS WITH THAT OF THE LD.AO, THERE IS NOTHING ON RECORD TO ESTABLISH THAT THE LD.CIT(A) ISSUED NOTICE TO ASSES SEE BEFORE TREATING THE INCOME EARNED FROM LETTING OUT OF COMM ERCIAL COMPLEX (BARE SHELL) AS BUSINESS INCOME. 4.4 IN OUR VIEW, THE TREATMENT OF INCOME EARNED BY THE ASSESSEE FROM HIRE CHARGES FROM LETTING OUT OF FURNITURE FIX TURES AND COMMERCIAL COMPLEX (BARE SHELL) NEEDS TO BE CONSIDE RED IN ACCORDANCE WITH LAW. IN THE INTEREST OF JUSTICE WE REMIT THE ISSUE BACK TO THE LD.CIT(A) TO CONSIDER IT AFRESH IN ACCO RDANCE WITH THE PRINCIPLES LAID DOWN BY HONBLE SUPREME COURT IN CASE OF CHENNAI PROPERTIES AND INVESTMENTS LTD. VS CIT REPORTED IN (2015) 373 ITR 673 . ACCORDINGLY GROUNDS RAISED BY ASSESSEE STANDS ALLOW ED FOR STATISTICAL PURPOSES. IN THE RESULT APPEALS FILED BY ASSESSEE STANDS ALLO WED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 30 TH SEPT, 2021 SD/- SD/- (CHANDRA POOJARI) (BEENA PILLAI) ACCOUNTANT MEMBER JUDICIAL MEMB ER BANGALORE, DATED, THE 30 TH SEPT, 2021. /VMS/