DISCOVERY ESTATES PVT. LTD.,NEW DELHI vs. ACIT, CIRCLE- 2, NEW DELHI

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ITA 5839/DEL/2018Status: DisposedITAT Delhi16 November 2021AY 2015-162 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal accepted the assessee's declaration under Section 158A, acknowledging that an identical issue was pending before the Supreme Court. The appeals were restored to the Assessing Officer to apply the law as decided by the Supreme Court.

What were the facts?

The assessee filed appeals for AY 2014-15 and 2015-16, raising a common issue regarding the classification of rental income as either 'Income from House Property' or 'Business Income'. An identical issue was pending before the Supreme Court in the assessee's own case.

What were the issues?

The primary issue was whether rental income from commercial properties should be treated as income from house property or business income. The pendency of an identical issue before the Supreme Court was a key factor.

Which sections of the Income-tax Act were involved?

Section 158A,Section 250

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, [ DELHI BENCH “B”: NEW DELHI ]

Before: SHRI AMIT SHUKLA & SHRI PRASHANT MAHARISHI

For Appellant: Shri Harish Kumar, AR;
For Respondent: Ms. Yagyasini Kakkar [CIT] – DR;
Hearing: 16/11/2021Pronounced: 16/11/2021

O R D E R PER PRASHANT MAHARISHI, A. M.

1.

These are the two appeals filed by the same assessee for assessment years 2014-15 and 2015-16. The appeal for assessment year 2014-15 is filed against the order of the CIT (Appeals)–23, New Delhi, and appeal for assessment year 2015-16 is filed against the order of the same CIT (Appeals) dated 30th July, 2018.

2.

The assessee has raised the following common grounds of appeal:-

“Ground No. 1: The Ld. Commissioner of Income Tax (Appeals) - 23, New Delhi (hereinafter referred to as 'CIT(A)') has erred on facts and in law in passing the order dated 30-07-2018 under section 250 of the Income Tax Act, 1961 (hereinafter referred to as 'The Act'). Ground No. 2: The Ld. CIT(A) erred on facts and in law in holding that the Assessing officer is correct in treating the rental income earned of by the appellant from commercial properties as Income under the head House Property instead of Income from business Income. Page | 1 Ground No. 3: The appellant prays that he may be allowed to add, amend, alter or forego any of the above grounds of appeal as the circumstances may warrant. “

3. At the time of hearing the assessee has submitted that the only issue in both the appeals is on the issue whether the rental receipts should be treated as income from house property or business income. It was further stated that identical issue in assessee’s own case in respect of assessment year 2006-07 is pending before the Hon’ble Supreme Court. Therefore, the assessee has filed Form No. 8 being declaration under Section 158A for blocking of the appeals.

4. The ld. DR also confirmed the above facts.

5. We have carefully considered the rival contentions and find that identical issue in the case of the assessee is pending before the Hon’ble Supreme Court by Case Nos. SLP (C) No.036838/2013 registered on 29.11.2013 and 020610/2013 registered on 29.11.2013. Therefore, as an identical question of law is pending before the Hon’ble Supreme Court, the above appeals are restored back to the file of the ld. Assessing Officer to apply the law as laid down by the Hon’ble Supreme Court in the impugned appeals of the assessee, after the decision of the Hon’ble Supreme Court. Accordingly, both the appeals of the assessee are restored back to the file of the ld. Assessing Officer to deal with them in accordance with the provisions of Section 158A of the Act.

6. Accordingly , Form no 8 filed by assessee is accepted and appeals are allowed accordingly. Order pronounced in the open court on 16/11/2021.

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