THE PATHARE PRABHU CHARITIES,MUMBAI vs. ITO (E) II (1), MUMBAI
In the result, appeal of the assessee is allowed, as above
ITA 4966/MUM/2015[2011-12]Status: DisposedITAT Mumbai05 Oct 2016AY 2011-12
Bench: Shri G.S. Pannu
For Appellant: Shri Hiro RaiFor Respondent: Shri Sumit Kumar
Section 11Section 12ASection 143(3)
section 11(4A).
2. The learned Commissioner (Appeals) failed to appreciate that the transaction with the caterer was in substance a mere passive letting of property, which could in no way be regarded as a business.
3. The learned Commissioner (Appeals) erred in going by the nomenclature of the income, and did not appreciate that the mere nomenclature