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TMI Blog2014 (1) TMI 908X X X X Extracts X X X X X X X X Extracts X X X X ..... be made u/s 153A r.w. Section 143(3) of the Act – Held that:- The cross objections were filed by the assessee on 16.08.2011 challenging the jurisdiction of the Assessing Officer to pass order u/s 153A read with section 143(3) when no incriminating materials were found during the course search - it cannot be accepted as a reasonable cause for the delay because the Special Bench order was passed on 6th July, 2012 as against the date of filing of the instant cross objections of 16.08.2011 - the benefit of such Special Bench order can be available only after the date of its passing and not before that - the justification for the delay of around four years in presenting the cross objections cannot be accepted - the delay is not condoned and the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee had shown income from business centre amounting to Rs. 14,10,000 as `Business income'. The assessee was called upon to explain as to why this income derived from properties given on rent should not be assessed under the head `Income from house property'. In the meantime, the assessee filed an application with the Addl. Commissioner of Income-tax on 26.12.2006 seeking directions u/s 144A on this issue. The relevant directions were issued on the basis of which the Assessing Officer framed the present assessment by treating such income as falling under the head Income from house property'. This view was canvassed by the Assessing Officer following the judgment of the Hon'ble Supreme Court in the case of Shambhu Investment (P) Ltd. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 4th March, 2009. He placed on record a copy of this order by stating that though the issue raised in the present batch of appeals is similar to that decided by the Tribunal in its earlier order, but such order should not be followed as it was passed without the assistance coming from the side of the assessee. It was further admitted that a miscellaneous application was filed against the order dated 4th March, 2009, which met with the fate of dismissal. On a pertinent query, it was accepted that the said order has attained finality. However, the learned AR chose to rely on an order passed by the Mumbai Bench of the Tribunal in the case of Harvindarpal Mehta (HUF) v. DCIT [(2009) 122 TTJ (Mumbai) 163] in which it has been held that the rec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... identical to those decided by the tribunal. Since identical issue has already been decided by a coordinate bench of the Tribunal, it is difficult for us to hold a contrary view on similar set of facts. As such we are not persuaded to register a departure from the view already expressed by the Tribunal in assessee's own case and other group concerns. Insofar as the reliance of the learned AR on the order in the case of Harvindarpal Mehta (HUF) (supra) is concerned, we find that the same cannot advance his case in any manner. The question as to whether income from rent should be considered as income from house property or business income largely depends upon the facts and circumstances of each case. There is no strait jacket formula prescribe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r passed by the Special Bench of the Tribunal in the case of All Cargo Global Logistic Limited v. DCIT [(2012) 137 ITD 238 (Mum.) (SB)]. The learned Departmental Representative objected to the late filing of the cross objections. He submitted that the issue now sought to be raised does not arise either out of the assessment orders or the impugned orders. He urged that such a delay of around four years may not be condoned. 8. After considering the rival submissions and perusing the relevant material on record, it is noticed that these cross objections were filed by the assessee on 16.08.2011 challenging the jurisdiction of the Assessing Officer to pass order u/s 153A read with section 143(3) when no incriminating materials were found durin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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