AGYA RAM vs. INCOME TAX OFFICER

PDF · subscribers
ITA/637/2007HC DelhiDLHC01001839200723 December 2016Bench: HON'BLE MR. JUSTICE VIKRAMAJIT SEN,HON'BLE MR. JUSTICE S.L.BHAYANA3 pages
AI SummaryAllowed

What did the High Court hold?

The Tribunal had previously decided three questions of law in favor of the assessee. These questions related to the validity of reopening the assessment and the correct head of income for the licensing fees.

What were the facts?

The appeal concerned the validity of reopening an assessment and the classification of income derived from licensing part of the premises. The assessee argued it should be treated as business income, while the Revenue contended it was income from house property.

What were the issues?

The key issues were whether the reopening of the assessment was valid and whether income from licensing premises should be taxed as 'income from house property' or 'income from business'.

Which sections of the Income-tax Act were involved?

Section 147,Section 22,Section 28

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(1)Show list

Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 637/2007 AGYA RAM ..... Appellant Through: Mr. K.R. Manjani and Mr. B.K. Manjani, Advocates. Versus INCOME TAX OFFICER ..... Respondent Through: Mr. Sanjay Kumar and Mr. Dileep Shivpuri, Advocates. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE NAJMI WAZIRI O R D E R % 23.12.2016 CM Nos. 47110 & 47111/2016 1. CM No.47111/2016 seeks condonation of delay in re-filing CM No.47110/2016 seeking early disposal of the writ petition. 2. Issue notice. Mr. Dileep Shivpuri, Advocate accepts notice on behalf of the respondent. 3. In view of the contentions made and in the interest of justice, these applications are required to be accepted. Both these applications are therefore allowed. ITA 637/2007 4. With the consent of the parties, the appeal is taken up for hearing. 5. Following three questions of law were framed for decision in this appeal on 23.08.2007:-

“1. Whether the Income Tax Appellate Tribunal was correct in law and on facts in holding that the reopening of the assessment under Section 147 of the Income Tax Act, 1961, was valid and in accordance with law? 2. Whether the Income Tax Appellate Tribunal was correct in law and on facts in holding that the income derived by the appellant from licencing part of the premises is to be assessed under the head "Income from house property" under Section 22 of the Income Tax Act, 1961 and not under the head "Income from business" under Section 28 of the Income Tax Act, 1961 despite the fact the aforesaid income had regularly been assessed under the head income from business? 3. Whether in the circumstances of the case, and on the proper interpretation of the licence deeds, the Tribunal was correct in law in holding that the licence fee received by the appellant from licencing part of the premises is to be assessed under the head "Income from house property" and not under the head "Income from business" despite that the assessee had to incur expenditure in connection with such licences granted by the assessee?” 6. As is evident, the facts pertain to the reopening of a concluded assessment and treatment of income as to whether it classified as having been derived/received from income from house property or business. It is not in dispute that the present appeal was to be heard alongwith other appeals (ITA No. 290-93 of 2004, pertaining to Assessment Years 1990-91, 1992-93 and 1993-94). All the three questions were answered in favour of the assessee and against the respondent Revenue in the judgment and order dated 01.08.2016 (reported since as Agya Ram Vs. Commissioner of Income Tax, (2016) 386 ITR 545). This being the undisputed position, the present appeal has to follow suit. It is accordingly allowed; the questions of law are answered in favour of the assessee and against the Revenue.

7.

The appeal is allowed in the above terms. S. RAVINDRA BHAT, J. NAJMI WAZIRI, J. DECEMBER 23, 2016 sb

More judgments on Section 147

All 49,210 judgments and leading authorities on Section 147 →

Recent GST High Court judgments

Search GST case law →