Bombay High Court
M/S Stup Consultants Pvt. Ltd vs The Asst. Commr. Of Income Tax on 5 February, 2019
Author: M.S.Sanklecha
Bench: Akil Kureshi, M.S.Sanklecha
itxa-1461-1507-2016
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INCOME TAX APPEAL NO.1461 OF 2016
WITH
INCOME TAX APPEAL NO.1507 OF 2016
M/s. Stup Consultants Pvt. Ltd., .. Appellant.
v/s.
The Asst. Commissioner of Income Tax .. Respondent.
Ms. Shobha Jagtiani with Ms. Radhika Dholakia i/b. D. M. Harish & Co.,
for the Appellant.
Mr. A. R. Malhotra with Mr. N. A. Kazi, for the Respondent in both the
Appeals.
CORAM: AKIL KURESHI &
M.S.SANKLECHA, JJ.
DATE : 5th FEBRUARY, 2019.
P.C:-
Heard.
2 Both these Appeals are admitted on the following common substantial questions of law:-
" Whether on the facts and circumstances of the case and in law, the Tribunal has erred in holding that the income earned from temporary letting and of premises held for the purpose of business ought to be treated as 'income from house property' thus ignoring the clear exemption carved out in Section 22 of the Income Tax Act regarding premises 'that may be occupied for business'?
(b) Whether on the facts and circumstances of the case and in law, the Tribunal was right in law in not treating the rental income earned by the assessee by letting out commercial properties as the assessees business income?"
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itxa-1461-1507-2016
3 Registry is directed to communicate copy of this order to the
Tribunal. This would enable the Tribunal to keep papers and proceedings relating to the present appeals available, to be produced when sought for by the Court.
Mr. Malhotra, learned Counsel waives service for the Respondent.
(M.S.SANKLECHA,J.) (AKIL KURESHI,J.)
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