TaxTMI 
TaxTMI 
2017 (7) TMI 1101
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....y the assessee and Revenue against the order of Tribunal dated 06/06/2016 in ITA No.3531/Mum/2014. 2. It was argued by learned AR that there is a mistake apparent in the order of the Tribunal in so far as there is no real income to the assessee, nothing can be brought to tax net under the head 'income from house property based on real income theory. It was also pointed out by learned AR that the Tribunal decision relied on by the Bench was not pertaining to the assessee's own case but to the assessee's sister concern's case. It was further submitted that there is typographical error in so far as DR has been typed as AR in para 4 while quoting the decisions relied by learned DR. 3. It was also submitted that the issue with regard to di....
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....precedent. 7. For the purpose of rectifying the apparent mistake, learned DR relied on the judicial pronouncements cited at 69 ITD 1, 359 ITR 371, 235 ITR 663 and 305 ITR 227/173. In view of the above mistakes, it was contended by learned DR that order of the Tribunal be recalled for deciding the issue afresh. 8. We have considered rival contentions and carefully gone through the orders of the authorities below. There is some typographical mistake in the order of the Tribunal in so far as in para 4 of the order, contentions were made by the learned DR, however, in place of learned DR due to typographical error it was typed as "ÄR". Further, we found that the entire decision of the Tribunal in the present appeal is based on the Tr....
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....been claimed that the rental income should be assessed as business income. 6.4 We have heard both the parties and considered the material carefully. There is no material to show that building has been let out by the assessee as part of any business arrangement so that the rental income could be considered as incidental business income. Merely because the building has been let out to the distributor of the assessee, the rental income cannot be treated as business income in the absence of any material to show that letting out was necessary for the purpose of business. Similarly, merely because one of the objects of the assessee was letting out of the property, it cannot automatically lead to the conclusion that the assessee was actua....
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....However, while deciding the assessee's present appeal in ITA No.3531/Mum/2014 for A.Y.2004-05 vide order dated 06/06/2016, the Tribunal have just followed the order for A.Y. 1997-98 to 2000-01 and held that income should be assessed as income from other sources. Since there was no decision of the Tribunal in the A.Y. 1995-96 for treatment of income of assessee as 'income from other sources', however, while deciding the appeal for the A.Y.1997-98 to 2000-01, the Tribunal has just followed the decision of the Tribunal in the A.Y. 1995-96 for treating the rental income as 'income from other sources.' However, in the order passed by the Tribunal in the A.Y.1995-96, nowhere income from house property was treated as 'income from other sources', b....