2019 (5) TMI 2051

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....enue : Smt. Rinku Singh, Senior Dr ORDER PER KULDIP SINGH, JUDICIAL MEMBER : Since common questions of facts and law have been raised in both the aforesaid appeals, the same are being disposed off by way of consolidated order to avoid repetition of discussion. 2. Appellant, M/s. Mall Hotel Limited (hereinafter referred to as the 'assessee') by filing the present appeals sought to set a....

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....of the expenses on the basis of proportionate expenses against the receipts. 4. BECAUSE the Ld. Commissioner of Income Tax (Appeals), New Delhi has erred in law and all facts, by upholding the initiation of penalty proceedings u/s. 271(1)(c) of the I.T. Act, 1961. 5. BECAUSE the appellant craves for the indulgence of the Hon'ble Court so as to permit it to raise additional gr....

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....perty instead of business income as claimed by the assessee. AO also calculated the expenses on the basis of proportionate expenses incurred in earning the rental receipt and business receipt and thereby assessed the total income of the assessee at Rs. 1,50,40,900/- and Rs. 5,57,55,010/- for AYs 2009-10 and 2012-13 respectively. 4. Assessee carried the matter by way of appeals before the ld. CI....

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....er served upon the assessee. It is the case of the assessee that it has never received any such notice for hearing. 7. Moreover the coordinate Bench of the Tribunal in assessee's own case for AY 2010-11 in ITA No. 4887/Del/2014 restored the identical issue to the file of AO for fresh assessment after examining the issue on merits. Ld. AR for the assessee and ld. DR for the Revenue also agreed t....