The case involves determining whether income from a property ...

Is property income "house property" or "business income"? Tribunal favors consistency, rejects Revenue's interpretation.

Case Laws     Income Tax

August 7, 2024

The case involves determining whether income from a property owned by the assessee should be classified as "income from house property" or "business income." The Revenue's interpretation of Section 22, suggesting a different treatment for those in the business of letting out properties, was rejected. The Tribunal allowed the appeals based on the principle of consistency, noting the AO's prior acceptance of the income as house property. The Tribunal's decision was supported by the principle that a position maintained over different assessment years should not be altered without new facts. The Supreme Court's ruling in M/s. Radhasoami Satsang emphasizes this principle. The High Court found no substantial question of law in the matter.

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