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TMI Blog2024 (11) TMI 1265X X X X Extracts X X X X X X X X Extracts X X X X ..... ually not disputed that the action was to be taken by the Revenue against the assessee as an AOP. The order passed by the CIT (Appeals) treating the same to be the income received individually on the specified shares is solely based on the sale deed regarding purchase of land. There is no defined share to the rental income and AOP has jointly received the income. There is no division in terms of the law and all of them were co-landlords of each rented out property. In ITO vs Ch. Atchaiah [ 1995 (12) TMI 1 - SUPREME COURT] the Apex Court held that merely if the members of an AOP have been assessed individually, the revenue would not be barred to assess such income in the hands of AOP if the income relates to AOP. The decision taken by the IT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... spect. - HON BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON BLE MR. JUSTICE SANJAY VASHISTH Mr. Akshay Bhan, Senior Advocate assisted by Mr. Shantanu Bansal, Advocate and Mr. Yugank Goyal, Advocate, for the appellant Mr. Urvashi Dhugga, Senior Standing counsel Ms. Samdisha Kaur, Advocate for the Income Tax Department ORDER SANJEEV PRAKASH SHARMA, J. The present appeal has been preferred by the Assessee. The appeal was admitted for considering questions (i) and (iii), which have been proposed in para 8 of the appeal, as under:- i) Whether in the facts and circumstances of the case, the Income Tax Appellate Tribunal was justified while holding that the rental income received by the appellant and other co-owners having definite share in the prop ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e definition of (building). Depreciation was also allowed on the plinths by relying on ITO, Mansa Vs. Gurdeep Singh. The addition of ₹ 4,46,800/- on account of investments for purchase of land and construction of godowns was deleted. The CIT (Appeals), however, upheld the order of the Assessing Officer in treating the income received as rent from open plinths as income of the AOP entering the same as under the head income from other sources and treating the plinth to be not falling within the definition of building and cannot be termed as income from house property. 5. The Revenue challenged the order in appeal before the ITAT, Amritsar. The appellant also filed cross objections whereafter the ITAT vide its order dated 25.05.2007 held ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as raised assessee as an AOP. The loan as an AOP. The rent was deposited in the name of the AOP. The agreement itself was entered into in the status of AOP. Even the cross objections filed before us, have been filed by the AOP. In the present appeal itself the assessee has put in appearance as respondent, as an AOP, which was the status accorded to it by the A.O. vide the assessment order. 10. The order passed by the CIT (Appeals) treating the same to be the income received individually on the specified shares is solely based on the sale deed regarding purchase of land. There is no defined share to the rental income and AOP has jointly received the income. There is no division in terms of the law and all of them were co-landlords of each re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Firm, Association of Persons/BOP, a local authority or an artificial juridical person. From this, it follows that if income of A is taxed in the hands of B, A may be legitimately aggrieved but that does not mean that B is exonerated of his liability on that account. B cannot say, when he is sought to be taxed in respect of the total income which is lawfully taxable in his hands, that since the Income Tax Officer has taxed very same income in the hands of A, he himself cannot be taxed with respect to the said total income. This is not only logical but is consistent with the provisions of the Act. In this connection, it may be pointed out that where the Parliament wanted to provide an option, a discretion, to the Income Tax Officer, it has p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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