1982 (4) TMI 200

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....pute about this legal position. Because it was partly let out and such rental income was subjected to tax as income from property, the ITO took the view that it could not be treated as having been used for assessee business. The first appellate authority followed his earlier order and allowed assessee's appeal. The ld. Deptl. Rep. relied upon the order of this Tribunal in ITA NO, 1013/Mds/1977-78 for asst yr. 1974-75 holding that the income, therfore, is property income for income-tax purposes while it all appear that a similar issue for other year was remitted back. The ld. Rep. for the assessee pointed out that the legal position regarding income-tax and wealth-tax are different. It was claimed that the facts for these four years are clea....

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....s are in a compound which consists of ginning press and godowns. During the years under consideration the ginning press was working and the assessee has received winnowing charges in the neighbourhood of 60-70 thousands for the first three years and 1.5 lakhs for the fourth year. Godown charges received were Rs. 35, 073,92 Rs.41,116, Rs. 51,548, and Rs. 40.244.65 for asst yrs. 1970-71, 1971-72, 1972-73,and 1973-74 respectively. The godowns were not let out as a whole to any individual party. They were let out to various parties and they were charged on the basis of space occupied by them. Quite a few hirers were assessee's customers who had given substantial amounts to the assessee company as pressing charges. Even transport operators like ....