2018 (9) TMI 1089

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....m warehousing structure as income from business as against income from house property as held by the AO in the facts and circumstances of the case. 3. After hearing both the parties and perusing the record, we find that the CIT-A placed his reliance on the order of Co-ordinate Bench, ITAT, Kolkata, in assessee's own case for the A.Ys 2000-01 to 2005- 06 and 2008-09 and held that income derived from warehousing charges are 'income from business' vide para 3.2 & 3.3, pages-5 & 6 of his order. The ld. DR did not controvert the above submissions and placed no order contrary to the said order of ITAT, Kolkata. We find that the CIT-A discussed the issue in detail and held that income from warehousing structure is to be considered as 'income fr....

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....lands appurtenant thereto of which the assesse is the owner, other han such portions of such property as he many occupy for the purposes of any business or profession carried on by him the profits of which are chargeable to income-tax, shall be chargeable to income tax under the head "Income from house property". In clear terms the provision says that the property must be owned by the assesse in order to charge the income derived from it or its portion other han that portion used for carrying on business activities as income from house property. In the present case on hand by going through all the documents and material made available by the assesse before the departmental authorities and mentioned in the orders passed by them nowhere it wa....