THE ACIT, COCHIN vs. M/S.PTL ENTERPRISES LTD, COCHIN
In the result, the appeal filed by the Revenue is dismissed
ITA 84/COCH/2020[2014-15]Status: DisposedITAT Cochin06 Jul 2020AY 2014-15
Bench: Shri Chandra Poojari, Am & Shri George George K, Jm
For Appellant: Sri.Mritunjaya Sharma, CIT-DRFor Respondent: S/Sri.Joseph Marcose, Sr.Advocate &
Section 56(2)(ii)
…the Company from letting out the machinery was only rental income. There was never any act indicating that the company never 16 M/s.PTL Enterprises Limited. intended to carry on the business in the future. Also in the case of CIT v. Mysore Wine Products Ltd. 370 ITR 102 (Kar), it was concluded as under: “In such circumstances, the income derived by way of lease rent from the letting out of its assets was assessable to tax under the head “Profit and gains of business”. Whether a particular income is income from business or from investment must be decided according to the general commonsense view of those who dea…