Rental receipts taxed as business income where identical facts and consistent past assessments supported the assessee's position.

Rental receipts from the assessee's property were held assessable as business income rather than income from house property because the same issue had already been decided in the assessee's own earlier years on identical facts, and the Revenue produced no contrary material to depart from that consistent view. The Tribunal also noted that earlier orders had allowed related business expenses and depreciation on the basis that the receipts were taxable under the business head. The Revenue's challenge therefore failed, and the assessee's treatment of the rental income as business income was sustained.

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Issues: Whether rental income from the assessee's property was assessable as business income or as income from house property.

Analysis: The Tribunal noted that the same issue had already been decided in the assessee's own case for earlier assessment years in favour of treating the rental receipts as business income. It further noted that the facts for the year under appeal were similar, and that no contrary material or decision was brought by the Revenue to dislodge the earlier consistent view. The Tribunal also observed that the earlier orders had allowed the related business expenses and depreciation while assessing the receipts under the head business income.

Conclusion: The rental income was rightly assessed as business income and not as income from house property, and the Revenue's challenge failed.

Final Conclusion: The Revenue's appeal was dismissed, and the assessee's treatment of the rental receipts as business income was sustained.

Ratio Decidendi: Where an issue has been consistently decided in the assessee's own case on identical facts, rental receipts arising from leasing activity may be assessed as business income rather than income from house property.

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