ASSISTANT COMMISSIONER OF INCOME TAX, BANGALORE vs. M/S.PRESTIGE GARDEN CONSTRUCTIONS PVT. LTD.,, BANGALORE
In the result, the appeal filed by the revenue is dismissed
ITA 1849/BANG/2016[2011-12]Status: DisposedITAT Bangalore17 Jan 2018AY 2011-12
Bench: Shri Inturi Rama Rao & Shri Lalit Kumarasst. Commissioner Of Income-Tax, Circle 5(1)(2), Bengaluru. … Appellant Vs. M/S.Prestige Garden Constructions Pvt. Ltd. No.1, The Falcon House, Main Guard Cross Road, Off Infantry Road, Bengaluru-560 001. … Respondent Pan:Aabcp 2091E
For Appellant: Shri B.K.Panda, CIT(DR)For Respondent: Shri Sudheendra, CA
…l income from the Mall under the head ‘income from house property’ after placing reliance on the decision of the Hon’ble Supreme Court in the case of 263 ITR143 and the jurisdictional of High Court decision in the case of CIT vs. Bhoopalan Commercial Complex (262 ITR 517). 4. Being aggrieved, an appeal was preferred before the ld.CIT(A), who vide impugned order, held that having regard to the objects of the company, rental income should be assessed under the head ‘income from business’. Page 3 of 4 5. Being aggrieved, the revenue is in appeal before us 6. The learned DR contended that the ld.CIT(A) was not justi…