TaxTMI 
TaxTMI 
2022 (5) TMI 610
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....sal of the facts, the appeal was filed by the assessee on 12.04.2019 and the case was posted for hearing on 10.12.2020, 09.02.2021, 07.04.2021, 07.06.2021, 28.08.2021, 14.10.2021, 01.12.2021, 19.01.2022, 08.03.2022 and today i.e 20.04.2022, none appeared on dates of hearing nor any application was filed for adjournment. On considering the facts and the action of the assessee in non appearance on date of hearing. The presumption is that after filling the appeal, the assessee is not inclined/interested to prosecute the appeal. Accordingly, we heard the Ld. DR submissions and decided the appeal based on the material information available on record. 3. For the sake of convenience, we shall take up assessee appeal in ITA No. 2352/Mum/2019, fo....
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....n law, the appellant be given such relief or reliefs as prayed for. 5. Appellant craves leave to add, alter and/or modify the grounds of appeal on or before the date of hearing of the appeal. 4. The Brief facts of the case are that, the assessee company is engaged in the business of manufacturing and exporting of garments. The assessee has filed the return of income electronically for the A.Y 2012-13 on 30.09.2012 disclosing a total income of Rs.8,32,370/- and the return of income was processed u/s 143(1) of the Act. Subsequently, the case was selected for scrutiny under the CASS and notice u/s 143(2) and 142(1) of the Act are issued. In compliance, the Ld. AR of the assessee appeared from time to time and furnished the details ....
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....the Act dated 31.03.2015. 6. Aggrieved by the order, the assessee has filed an appeal before the CIT(A). The CIT(A) considered the grounds of appeal, submissions of the assessee and findings of the A.O and followed the predecessor order of earlier year on the disputed issue and dismissed the assessee appeal. Aggrieved by the CIT(A) order, the assessee has filed an appeal before the Hon'ble Tribunal. 7. At the time of hearing, the none appeared on behalf of the assessee. The Ld.DR submitted that on the similar issue, the CIT(A) in earlier years has confirmed the addition on treatment of rental income under house property and supported the order of the CIT(A). 8. We heard the Ld. DR submissions and perused the material on record. The....
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....ol Andheri(E), Mumbai. As per 26AS, it was notice that the appellant has received income from above parties and said parties have deducted TDS on the rent as per provision of section 1941 of the Income Tax Act, 1961. The Assessing Officer has relied on the decision of Hon'ble Supreme Court the case of East India Housing and Land Development trust Ld. vs. CIT(1961) 42 ITR 49(SC) and Shambhu Investment (P) Ltd. vs. CIT (263 ITR 143) (SC) and CIT vs. Chennai Properties & Investments Ltd. - 266 ITR 685 (Mad. HC) and taxed the rent or rent agreement between two parties should be assessed under the head income from house property u/s. 22 of the Income Tax Act, 1961, 4.3.1The appellant submitted that the Company was incorporated on 7 Nove....
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....essing Officer contended, the appellant was the owner of the property. According to him, appellant had rented it out to multiple tenants and was earning rental income therefrom. As per the Assessing Officer, by virtue of judgments of Hon'ble Jurisdictional Supreme Court in the case of East India Housing & Land Development Trust Ltd. v/s. CIT (196 1)42 TTR 49 (SC) and Shambhu Investment (P) Limited Vs. CIT, (263 ITR 143)(SC) and Madras High Court, in the case of CIT vs. Chennai Properties & Development Ltd. 266 ITR 685, such income could be considered only under the head "Income from House Property. 4.3.3 I have considered the contentions of the Assessing Officer that appellant had shown the rental income under the head 'Inc....
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....rty 4.3.4 A reading of the above section clearly show that annual value of the property which is in the nature of a property is to be charged under the head " Income from House Property", if the assessee is the owner of the such property. Admittedly assessee was the owner of the building though. It is not essential that a person who owns a building should be owner of the land upon which it stands for assessing the rental income under the head "Income from House Property". In the circumstances, I am of the opinion that lower authorities were justified in considering the rental income under the head "Income from House Property". Once income is assessed under the head "Income from House Property", assessee will be eligible only for al....