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TMI Blog2017 (7) TMI 1101X X X X Extracts X X X X X X X X Extracts X X X X ..... he Tribunal in the A.Y. 1995-96 for treating the rental income as ‘income from other sources.’ However, in the order passed by the Tribunal in the A.Y.1995-96, nowhere income from house property was treated as ‘income from other sources’, but on the other hand Tribunal have dismissed assessee’s plea for treating the rental income as income from business. There is an apparent mistake in the order passed by the Tribunal [2016 (6) TMI 1289 - ITAT MUMBAI] following the order of the Tribunal in A.Y. 1997-98 to 2000-01 for holding that income should be assessed as ‘income from other sources’. Accordingly, we recall the order and direct the Registry to refix the same for passing order denovo - MA No.369/Mum/2016 (Arising Out of ITA No.3531/Mum ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... from record. 6. Learned DR further submitted that on perusal of the Tribunal's order in the case of sister concern of assessee i.e. PGHH for A.Y. 1995-96 in ITA No.845/M/2003, it is clear that Tribunal did not decide the rental income to be assessed under the head income from other sources . However, the Tribunal, while deciding the appeals in the case of PGHH (sister concernof the assessee) for subsequent A.Yrs., i.e. A.Y. 1996-97, 1997-98 and 1998-99 (in ITA No.3036, 5423, 5424/M/2004) wherein AO had assessed the rental income under the head income from house property , erroneously followed the Tribunal s order in A.Y.1995-96, assuming it to have decided the issue that rental income was to be assessed under the head other source ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... claim of deduction in respect of expenditure incurred for earning the same. The AO is to recompute the income by treating the income so received as income from other sources . We direct accordingly. 9. From the record we found that while deciding the appeal in ITA No.1241/Mum/2005 for the A.Y.2001-02, the Tribunal observed as under:- 13. The arguments did not find favour with the AO. On appeal by the assessee the CIT(A) confirmed the order of the AO. It is not in dispute before us that identical issue had come up for consideration in assessee's own case in ITA No.845/Mum/03 for AY 95-96 and this Tribunal held as follows: 6.3 As regards the rental income, the case of the assessee is that the assessee had let out the building ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r of the Tribunal for the A.Y.1995-96 in ITA No.845/Mum/2003 that Tribunal has nowhere decided the issue with regard to rental income of assessee to be assessed as income from other source . The Tribunal has merely rejected the assessee s contention for assessing the income as income from business. The Tribunal has merely upheld the order of the CIT(A) dismissing assessee s plea of treating the income as income from business. The Tribunal while deciding the assessee s appeal for A.Y.2001-02 has held that income has to be assessed as income from other sources just by following the order of the Tribunal in A.Y.1995-96 as quoted above. Thus, it is clear that there is no discussion nor any reasoning given by Tribunal for treating the income ..... X X X X Extracts X X X X X X X X Extracts X X X X
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