2019 (4) TMI 1492

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....ER P. C. :­ 1. This Appeal is filed by the Revenue to challenge the Judgment of the Income Tax Appellate Tribunal. 2. The following questions are framed in the Appeal. (i) Whether on the facts and in circumstances of the case and in law, the ITAT was justified in treating the receipts for the lease of its hotel as Business Income ignoring the primary fact that the transaction....

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....ted that the Revenue had carried the Judgment of the High Court in appeal before the Supreme Court but the SLP was dismissed. 4. We notice that in Income Tax Appeal No.203 of 2015 and connected Appeal, while dismissing the Revenue's Appeal by order dated 31st July, 2017, the High Court had made the following observations: "5. As far as Question No.1 is concerned, Mr.Pinto, the learned ....

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....ness income, would be preclude the authorities to reexamine the agreement and arrive at an independent conclusion. According to the learned counsel, the agreement read as it is, would lead to an irresistible conclusion that income received by leasing the hotel has to be considered as income from house property. 6. The learned counsel for the respondent supports the order. 7. It h....

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....2 being dependent upon Question No.1, no substantial question of law arises. As such, the appeal is dismissed. No costs." 5. While a similar question arose before this Court in case of this very Assessee in later assessment year in Income Tax Appeal No.1584 of 2016, the Revenue's Appeal was dismissed by an order dated 5th February, 2019 relying upon and referring to the decision in Income Tax A....