2009 (9) TMI 992

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

..... DR ORDER PER SHAMIM YAHYA, AM This appeal by the assessee is directed against the orders of the CIT(A) dated 13.3.2009 and pertains to assessment year 2005-06. 2. The issue raised is that CIT(A) erred in treating the income from sub licensing of the commercial space viz. office premises, as income from business and profession instead of income from house property. 3. In this case ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....the owner of the property and in this case the assessee was not the registered owner. Further the CIT(A) referred to the assesse's object and came to the conclusion that it was the income from business. 5. Against this order the assessee is an appeal before us. Learned counsel of the assessee submitted that assessee had obtained office premises for its use. But finding the same excessive in....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e Hon'ble Jurisdictional High Court in the case of Smarts (P) Ltd. Vs. CIT (2008) 166 Taxman 53 (Delhi). In this case it was held that "where the assessee in occupation of rented premises sub-let a portion thereof and claimed that income from such sub-letting was assessable as business income, the department was justified in assessing the said income under 'Income from house property',....