2018 (3) TMI 1159

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..... DER The Court:-This appeal was admitted on the following substantial questions of law:- "(i) Whether on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal is correct in deleting the addition of Rs. 67,97,355/- being rent receivable in respect of the portion of the property owned by the assessee, which was vacant during the year, on correct interpretation of the am .....

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..... property. Contention of the assessee before the assessing officer was that the building being under construction during the relevant previous year, the same could not be taxed applying the provision of Section 23(1)(c) of the Income Tax Act, 1961. On the second question, contention of the assessee was that the service charges received from the occupiers/tenants ought to be taxed as business incom .....

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..... IES LTD.] decided on 10th September 2010 a Coordinate Bench had dismissed the appeal on similar facts and under similar circumstances pertaining to an earlier assessment year relying on two authorities of this Court being cases of CIT vs. MODEL MFG CO. [175 ITR 374(Cal)] and CIT vs. RUSSEL PROPERTIES PVT. LTD.[ 137 ITR 473 (Cal)] Having gone through the materials on record, we do not find any dis .....

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