SHIBANI S. BHOJWANI,MUMBAI vs. DCIT CEN CIR 3(4), MUMBAI

ITA 1525/MUM/2018Status: DisposedITAT Mumbai31 July 2019AY 2013-149 pages
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What did the Tribunal hold?

The Tribunal held that since the income from composite letting of furnished flats was consistently assessed as business income in earlier years, and no new facts emerged, the Assessing Officer could not take an inconsistent view. The rental receipts are to be assessed as business income.

What were the facts?

The assessee declared income from letting out flats as business income. The Assessing Officer and CIT(A) treated it as income from house property, following previous years' orders. The assessee relied on earlier Tribunal orders in her own case.

What were the issues?

Whether income from composite letting of furnished flats should be treated as business income or income from house property, and the principle of consistency in assessment.

Which sections of the Income-tax Act were involved?

Section 143(3)

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Income Tax Appellate Tribunal, MUMBAI BENCH “G” MUMBAI

Before: SHRI SAKTIJIT DEY & SHRI N.K. PRADHAN

For Appellant: Mr. Yogesh A. Thar, AR
For Respondent: Mr. Chaudhary Arun Kumar Singh, Sr. DR
Hearing: 30/07/2019Pronounced: 31/07/2019

PER N.K. PRADHAN, AM The captioned appeals filed by the assessee are directed against the order of the Commissioner of Income Tax (Appeals)-51, Mumbai. [in short ‘CIT(A)’] and arise out of the assessment completed u/s 143(3) of the Income-tax Act 1961, (the ‘Act’).

Shibani B. Bhojwani Assessment Year: 2013-14

2.

Briefly stated, the facts are that the assessee filed her return of income for the assessment year (AY) 2013-14 on 29.09.2013 declaring a total income of Rs.41,70,081/-. During the course of assessment proceedings, the Assessing Officer (AO) noticed that the assess

The order continues below.

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