2018 (12) TMI 705

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....ndar Limaye for the Respondent.   P.C.: 1. This Appeal under Section 260A of the Income Tax Act, 1961 (the Act), challenges the common order dated 14th August, 2015 passed by the Income Tax Appellate Tribunal (the Tribunal). This impugned order dated 14th August, 2015 is common order in respect of this respondent and Shreeji Exhibitors. This Appeal relates to Assessment Year 2009-10. ....

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....from business or profession". However, the Assessing Officer by his Assessment order dated 28th December, 2011 passed under Section 143(3) of the Act, did not accept the same and the income earned on letting out of commercial premises was classified under the head "Income from house property".   5. Being aggrieved, the respondent filed an appeal to the Commissioner of Income Tax (Appeals) ....

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....eji Enterprises) were identical and held that income from letting out of premises is classified as "Income from business or profession". 7. Mr. Suresh Kumar, learned counsel for the Revenue submits that the facts in the case of present respondent are different from the facts in the case of Shreeji Exhibitors. Thus, it is submitted that the impugned order of the Tribunal could not have applied t....

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.... then the decision of the Supreme Court in case of Chennai Properties and Investment Ltd. (supra) and the ratio of the decision in Shreeji Exhibitors would equally apply in the facts of respondent's case. 9. In fact, the appeal by the Revenue in case of Shreeji Exhibitors from the impugned order dated 14th August, 2015 being Income Tax Appeal No. 807 of 2016 (Pr.Commissioner of Income Tax V....