2018 (8) TMI 1753

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....t, compensation and service charges as income from house property instead of income from business and profession. 3. Brief facts are, the assessee, a company, is engaged in the business of gas distribution in certain areas of Greater Bombay through its network of underground pipe line. It also derives income from sub letting rented premises as well as finance and investment activity. For the assessment year under dispute, assessee filed its return of income on 13th October 2010, declaring total income of Rs. 1,67,38,874. During the assessment proceedings, the Assessing Officer noticed that the income received by the assessee from rent, compensation and service charges of premises let out was shown under the head income from business and pr....

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....27(iiib) r/w 269UA(f) of the Act are applicable to the assessee. The learned Authorised Representative submitted, though, the order of the City Civil Court and certain other evidences were produced before the learned Commissioner (Appeals) to impress upon the fact that in view of such evidences the decision of the Tribunal in assessment year 2003-04 may not be applicable, however, the learned Commissioner (Appeals) completely ignored the evidences produced by the assessee. The learned Authorised Representative submitted, while deciding identical dispute arising in assessee's own case for assessment year 2008-09 and 2009-10, though, the Tribunal  taking note of its own decision in assessee's case for assessment year 2003-04, had observe....

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....on'ble Jurisdictional High Court which are still pending. However, when identical dispute came up for consideration before the Tribunal in assessee's own case for assessment year 2008-09 and 2009-10 in ITA no.6212/Mum./ 2011 and others dated 7th March 2018, the Tribunal after taking cognizance of the orders of the City Civil Court, the Hon'ble Jurisdictional High Court and Estate Officer filed by way of additional evidence, restored the issue to the Assessing Officer for fresh adjudication keeping in view the additional evidences filed by the assessee. In the impugned assessment year also in course of hearing before the learned Commissioner (Appeals) the assessee had submitted similar additional evidences for consideration of the le....