2012-VIL-31-SC-DT

Supreme Court of India

CIVIL APPEAL NO.6309 OF 2012 (Arising out of S.L.P. (C) No.6756 of 2009)

Date: 04.09.2012

COMMISSIONER OF INCOME TAX, KOLKATA

Vs

M/s . PFH MALL AND RETAIL MANAGEMENT PVT. LTD.

For the Appellant : Mr. V. Shekhar,Sr.Adv., Mr. Rahul Kaushik,Adv., Ms. A. Subhashini,Adv.,  Ms. Anil Katiyar,Adv., for Mr. B.V. Balaram Das,Adv.
For the Respondent : Mr. Vikas Singh,Sr.Adv., Mr. H. Raghavendra Rao,Adv 

BENCH

MR. JUSTICE MADAN B. LOKUR AND S.H. KAPADIA

JUDGMENT

Heard learned counsel on both sides.

Delay condoned.

Leave granted.

These civil appeals filed by  the  Department  concern  Assessment Years 2003-2004 and 2002-2003.

The question which arises for determination in  these  appeals  is "whether the income in question is liable to be taxed as business income or as income from house property"?

From the records, we find that, for the  earlier  Assessment  Year 2001-2002, the Income Tax Appellate Tribunal  [for  short,  ‘ITAT’]  has taken the view that income in question is business  income.   This  view has been upheld by the High Court  in  these  cases.   In  civil  appeal arising out of S.L.P. (C) No.6756 of 2009, no ground has been  taken  to challenge the decision of the  High  Court  on  its  finding  concerning Assessment Year 2001-2002.  Applying  the  rule  of  consistency,  these civil appeals filed by the Department are dismissed with no order as  to costs.

 

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