2012 (8) TMI 1045

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....n being taxed under the head "Income from Business or Profession" without appreciating the fact that the said income had consistently being assessed as "Business Income" in the previous assessment years which include assessment for immediate previous year relevant to assessment year 2007-08 where the assessment was completed u/sec. 143(3) of the Act. 2. That the Hon'ble Commissioner of Income Tax (Appeals) has erred in law as much as on the facts of the case by not following the Rule of Consistency inspite of the fact that during the assessment year under appeal, no material change in nature of income have been taken place. The facts and circumstances of the case are absolutely identical to the facts of earlier years. ....

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.... assessee is in this line of business since past several years and in all the preceding years as well as subsequent years, the income from rent has been assessed as income from business. That the assessee is commercially exploiting the property by renting hall and rooms to separate persons. The assessee is holding the licence of running the lodge. He, therefore, submitted that when in all the preceding as well as subsequent years the income from rent has been assessed as business income, a contrary view should not have been taken in one year which is under appeal. In support of this contention, he relied upon the decision of Hon'ble Apex Court in the case of Radha Soami Satsang Vs. CIT - 193 ITR 321. 3. The learned DR, on the other h....