TaxTMI 
TaxTMI 
2016 (7) TMI 167
X X X X Extracts X X X X
X X X X Extracts X X X X
....gether and disposed of in this consolidated order. Appeal wise adjudication is given in the succeeding paragraphs. 2. With regard to the I.T.A. No.5202/Mum/2013, it is noticed that the CIT(A) has dismissed the appeal of the assessee as unadmitted and in-limine for the reason that he has not condoned the delay for inordinate and unreasonable delay in filing the appeal his finding reads as under : "In given facts and circumstances, the inordinate and unreasonable delay in filing the appeal cannot be condoned. Hence, for reason of inordinate and unreasonable delay the appeal is liable to be dismissed in linine and is done so" 3. The facts before the CIT(A) was that the assessment order was received by the assessee for the assessment year 2....
X X X X Extracts X X X X
X X X X Extracts X X X X
....essee is with regard to the order of CIT(A) confirming the action of AO in taxing the receipt from BPL Mobile Communication Ltd under the head profit and gains of business as against declared by the assessee as income from house property. The ground raised by the assessee reads as under: "1.3 The ld.CIT(A) erred in confirming the action of AO in taxing the rental income of Rs. 9,56,211/- received from M/s BPL Mobile Communication Ltd under the head "profit and gains of business or profession" instead of under the head "income from house property". 6. Briefly stated facts of the case are that the assessee is a Co-operative Housing Society entered into an agreement with BPL Mobile Communication Ltd for installation of telecommunication tow....
X X X X Extracts X X X X
X X X X Extracts X X X X
....nara Premises Co-operative Society Ltd. ITA No. 7225/Mum/2005, dt. 28th April, 2008 for asst. yr. 2002-03 and also the decision in the case of S. Sohan Singh v. ITO [1986] 16 ITD 272 (Delhi) has held vide paras 6 and 7 of its order dt. 1st Sept., 2009 as under : "6. We have carefully considered the submissions of the rival parties and perused the material available on record. We find merit in the plea of the learned counsel for the assessee that in the case of M/s Dalamal House Commercial Complex-Premises Co-operative Society 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 ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....operty and not business income. Accordingly, respectfully following the decision of coordinate bench, we are of the view that the assessee has rightly treated the income from property, and we hold so. The appeal of the assessee is allowed. 9. In the appeal being I.T.A. No.562/Mum/2013, the assessee has challenged the imposition of penalty by the AO u/s 271(1)(c) and confirmed by the CIT(A). 10. Since, we have directed the AO to delete quantum addition vide our order passed in ITA No.563/Mum/2013, the penalty imposed on the addition do not have legs to stand. We also find from the Tribunal order of Mumbai Bench in assessee's own case in ITA No.7594/Mum/2013 (AY-2005-06) dated 16.12.2015, on the similar facts and circumstances of the case, ....