2010 (8) TMI 1035

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....by the assessee is directed against the order dt. 6th Nov., 2009 passed by the learned CIT(A) for the asst. yr. 2004-05. 2. At the time of hearing none appeared on behalf of the assessee nor filed any application for adjournment of the case despite the fact that notice of date of hearing fixing the case for 16th Aug., 2010 was sent to the assessee by RPAD. It was, therefore, decided to dispose of....

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....the same was rent received from letting out property, and hence, the same was liable to be taxed as income from house property under s. 22 of the Act as terrace constitutes an integral part of the building as referred to under s. 22 of the Act. However, the AO following the appellate order for the asst. yr. 2003-04 treated the receipt of Rs. 5.50 lacs as income from other sources and disallowed th....

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...., 1961." 5. At the time of hearing the learned Departmental Representative supports the orders of the AO and the learned CIT(A). 6. Having carefully heard the submission of the learned Departmental Representative and perusing the material available on record we find that the facts are not in dispute. We further find that the issue is covered against the Revenue and in favour of the assessee by t....

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.... Ltd., the Tribunal while admitting the additional ground being a legal issue has also held that the letting out of the terrace, erection of antenna and income derived from letting out has to be taxed as 'income from house property' and not as 'income from other sources'. The Tribunal while deciding the issue has followed the order of the Tribunal in the case of Cuffe Parade Sainar....