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TMI Blog2018 (4) TMI 1827X X X X Extracts X X X X X X X X Extracts X X X X ..... TAT MUMBAI] CIT(A) has rightly directed the AO to assess this receipt of premium as capital gain taxable in the hands of the assessee. Even otherwise, this issue is covered in favour of assessee by the principle of consistency in view of the decision of Radha Soami Satsang [ 1991 (11) TMI 2 - SUPREME COURT] and Gopal Purohit [ 2010 (1) TMI 7 - BOMBAY HIGH COURT] . We find no infirmity in the order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nstead of assessing it as the income from other sources when the ownership of the property does not change from the hands of the assessee. 2. The Ld. CIT(A) erred in relying upon that merely giving consent to change in the possession of rented permission from old tenant to the new tenant does not constitute the change of ownership in the hands of the assessee and therefore premium received on pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 377; 50,00,000/- u/s 54 EC and disclosed taxable gain at ₹ 4,73,50,000/-. However, the AO made an addition of ₹ 5,23,50,000/- on account of premium received on tenancy transfer as "Income from Other Sources". 4. Aggrieved by the order of the AO, the assessee filed an appeal before the Ld.CIT(A). The Ld.CIT(A) followed the order of the Tribunal in assessee's own case for the AY 2009-10 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8 (ITA No. 5234/Mum/2013) and AY 2008-09 (ITA No. 5235/Mum/2013): "6. we have gone through the findings of ld. CIT(A). We agree with the observation of the ld. ClT(A) that during the course of time the assessee acquired bundle of rights with respect to the impugned shops. These rights include inter alia, rights of possession in tenancy. As per section 2(14) "capital asset" means proper ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... S4EC of the Act. Under these circumstances we find that the findings of the Id. CIT(A) are well reasoned and in accordance with law and facts and do not require any interference. Accordingly, the order of Id. CIT(A) is upheld." The above order has been subsequently followed by the Tribunal in the case of the assessee in AY 2012-13. 7. Facts being identical, we follow the above order of the Co-o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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