M/S. OBEROI BUILDING & INVESTMENT (P) LIMITED vs. COMMISSIONER OF INCOME TAX-II, KOLKATA & ANR.

The appeal is allowed

Bench: HON'BLE JUSTICE SURYA PRAKASH KESARWANI,HON'BLE JUSTICE RAJARSHI BHARADWAJ

4. Aggrieved with the assessment order, the appellant assessee had filed an appeal before the Commissioner of Income Tax (Appeal) which was allowed, holding that the income derived by the appellant assessee from letting out of shopping space to different persons is business income. Aggrieved with the order of CIT (A) the Income Tax Department had filed an appeal being

PRINCIPAL COMMISSIONER OF INCOME TAX -3, KOLKATA vs. M/S. ITC LIMITED