ITO 3(1)(2), MUMBAI vs. BRINDABAN BUILDERS P.LTD, MUMBAI

आदेश / O R D E R PER R.C.SHARMA (A.M):

CO 203/Mum/2017 M/s. Brindaban Builders Pvt. Ltd., from business after having the following observation of the Tribunal in assessee’s own case dated 03/10/2012. The precise observation of the CIT(A) was as under:- “7. I have perused the assessment order and submissions made by the appellant in this regard. The only issue in the present appeal is whether the income from letting of the property is to be assessed as business income or income from house property. It is noted that the issue at hand is a recurring one which has been decided in the favour of the appellant by the Hon'ble ITAT Mumbai „B' Bench vide its order dated 03-10-2012 in the ITA No.6902/Mum/2011. The Hon'ble Tribunal while allowing relief to the assessee on this issue had noted that the assessee was engaged in letting of premises with rendering of services and facilities and the entire activity of the assessee was such that the letting of the property was in the nature of business rations. It was held by the Hon'ble ITAT that the income received by the assessee was not only from letting out, but it is because of facilities and services rendered and so should be assessed under the head business income. Since the facts of the present case are identical to A.Y.2008-09, it is noted that the directions of the Hon'ble ITAT in assessee's own case for A.Y.2008-09 are applicable to the present case. In view of this discussion and respectfully following the judgment of the Hon'ble ITAT Mumbai for A.Y.2008-09 the additions made by the A.O, cannot be sustained in appeal and are directed to be deleted. Accordingly the ground nos. 1 to 3 of appeal are allowed.”