TaxTMI 
TaxTMI 
2018 (4) TMI 1727
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....(A) from the penalty order dated 26-03-2012 passed by learned Assessing Officer (hereinafter called " the AO") u/s 271(1)(c) of the Income-tax Act, 1961 (hereinafter called "the Act") for assessment year 2006-07 . 2. The grounds of appeal raised by the assessee in the memo of appeal filed with the Income-Tax Appellate Tribunal, Mumbai (hereinafter called "the tribunal") read as under- "Following grounds of appeal are without prejudice to each other 1. The learned Commissioner of Income Tax (Appeals) has erred in law and in facts in confirming the order passed by the Assessing Officer u/s 271(1)(C) of the Act. 2. The learned Commissioner of Income Tax (Appeals) has erred in law and in facts in confirming the ord....
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....ited v. CIT reported in (2000) 244 ITR 1(Cal. HC). The AO was of the view that assessee has authorised Tata Teleservices Maharashtra Ltd. to use only some parts of terrace to install antenna/tower and BTS equipments and not the full terrace and hence the said income is chargeable to tax under the head "income from other sources‟. Similarly, with respect to the second agreement with Tata Teleservices Maharashtra Ltd. , it was also observed by the AO that the assessee has agreed to provide following services to Tata Teleservices Maharashtra Ltd. as under:- i) Nominal maintenance/upkeep of the portion of the terrace and space in and around the said building. ii) Use and benefit of the lifts and/or service elevators, ....
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.... , by holding as under:- "6. Decision:- 6.1 1 have duly considered the above submissions of the appellant and find that amount of Rs. 1.5 lac received from the Tata Teleservices Pvt Ltd has been offered by the appellant, as rental income against which expenses have been claimed. The appellant's case is that it has received the amount of Rs. 1.5 lac as reimbursement of expenses of common facilities provided to the company. However, as to how formula for compensation on account of maintenance charges and services has been designed and formulated has nowhere been mentioned. It is also stated that the service utilized by the company is on account of electricity charges, lift etc, but no details have been kept to show, as t....
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....(SC); Addl CIT v/s. Jeevan Lal Shah [1994] 205 ITR 244 (SC), to cite some, and which is completely absent in the instant case, the Id. CIT (A), Whose findings are comprehensive, has correctly appreciated both, the facts as well as the law in the matter, so that there has been no omission on his part to consider any aspect of the matter." 6.2 I further hold that the appellant has not established as to what principles of natured justice has not been followed by the AO and dismiss the second ground of appeal. 6.3 In view of the above discussion, I uphold the penalty order that the appellant has concealed and filed inaccurate particulars of its income for the assessment year under consideration and confirm the penalty levied u....
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....dication on merits. 5. We have considered rival contentions and have perused the material on record . We have observed that the assessee is a Co-operative Group Housing Society. The assessee has entered into two agreements both dated 24.06.2003, with respect to installation of antenna and tower at terrace. The issue so far as license fee of Rs. 1,00,000/- per annum received by the assessee from Tata Teleservices Maharashtra Limited is considered has reached finality as learned CIT(A) while adjudicating quantum assessment accepted the claim of the assessee. The dispute is w.r.t. service charges of Rs. 1,50,000/- received by assessee from Tata Teleservices Maharashtra Ltd. for providing various services such as lift, security guard etc. . ....