2015 (8) TMI 1566

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....dent : Shri Devi Sharan Singh, Sr.DR. ORDER This appeal by the assessee for the assessment year 2010-11 is directed against the order of learned CIT(A)-XIII, New Delhi dated 11th September, 2014. 2. The ground of appeal of the assessee is as under:- "The Hon'ble CIT(A) has erred in law and on facts in directing the ld. Assessing Officer to modify the assessment order and treat th....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....the total amount received from the factory premises along with its equipments, fixtures etc. was Rs. 7 to Rs. 8 lakhs per annum only. He submitted that the chairman of the assessee company is an IIT qualified engineer and is 88 years of age. He submitted that the assessee has to discontinue the business since the year 1988 due to litigation pending before Hon'ble Delhi High Court and Central Excis....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....rom house property. He relied on the order of learned CIT(A). 5. I have considered the rival submissions and have perused the order of the Assessing Officer and the learned CIT(A). I find that in reply to a question from the Bench, the learned counsel for the assessee has submitted that the assessee could not restart its business till date after its discontinuance in the year as back as 1988. T....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... that the assessee could not restart its business during the past 27 years. The facts of the case lead to the conclusion that the assessee is no more interested in restarting its business and has let out its factory premises along with its machinery, furniture and fixtures for a fixed amount of rent and, therefore, the action of learned CIT(A) in directing to treat the income under the head 'incom....