9911796707
TMI Blog2018 (9) TMI 1089X X X X Extracts X X X X X X X X Extracts X X X X ..... Member For The Appellant : Smt. M. Ghosh, ld.Sr.DR For The Respondent : Shri Rakesh Jain, FCA , ld.AR ORDER Shri S.S. Viswanethra Ravi, JM: This appeal by the Revenue is directed against the order of the Commissioner of Income Tax (Appeals), 5, Kolkata dt. 15-09-2017 for the A.Y 2013-14. 2. The only issue is to be decided as to whether the CIT-A is justified in treating the income from warehousing structure as income from business as against income from house property as held by the AO in the facts and circumstances of the case. 3. After hearing both the parties and perusing the record, we find that the CIT-A placed his reliance on the order of Co-ordinate Bench, ITAT, Kolkata, in assessee s own case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t is found that the assessee is neither the owner nor the lessor of the property that was exploited by the assesse by carrying on business after repairs and maintenance, giving on lease to others and by providing electricity connections, security etc. and derives income therefrom. The provisions contained in section 22 of the I.T Act clearly mentions that the annual value of property consisting of any buildings or lands appurtenant thereto of which the assesse is the owner, other han such portions of such property as he many occupy for the purposes of any business or profession carried on by him the profits of which are chargeable to income-tax, shall be chargeable to income tax under the head Income from house property . In clear terms th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rom house property. This issue raised by the appellant is accepted by directing the departmental authorities to treat the same accordingly. 3.3 After a careful consideration of the decisions as foregoing including the binding decisions of the jurisdictional ITAT, Kolkata, the assessment records, and the submissions of the appellant, income from warehousing structure is to be considered as income from business . The Assessing Officer is directed accordingly. This ground of appeal is succeeds and, therefore, allowed. 4. On perusal of above, the Co-ordinate Bench in assessee s own case supra referred to the decision of the Hon ble Supreme Court in the case of RB Jodhamal Kuthalia reported in 82 ITR 570 and the CITA observed that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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