Itr/176/1998 Of B.indira Devi v. The Commisioner Of Incometax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 23RD JUNE 2008 / 2ND ASHADHA 1930 ITR.No. 176 of 1998() --------------------- AGAINST THE ORDER DATED / / IN RA 86/COCH/98 IN ITA.735/1992 of I.T.A.TRIBUNAL,COCHIN BENCH .................... APPLICANT: ----------- SMT. B.INDIRADEVI, TRIVANDRUM. RESPONDENTS: ------------- COMMISSIONER OF INCOME TAX, TRIVANDRUM. BY SHRI.P.K.R.MENON (SR.) ADV. SRI.GEORGE K. GEORGE, SC FOR IT THIS TAX REFERENCE HAVING BEEN FINALLY HEARD ON 23/06/2008, ALONG WITH ITR NO. 177 OF 1998 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. ------------------------- I.T.R. Nos.176 & 177 of 1998 --------------------------------- Dated, this the 23[rd] day of June, 2008 J U D G M E N T Ramachandran Nair, J. The question referred is whether the income received by theassessee in the form of rental income from a building is assessableas business income or as income from house property. We noticefrom the Trubunal's order that the Tribunal has taken a viewconsistently against the assessee by holding that income in the formof rent from a building should be assessed as income from houseproperty. Even though, copy of the order is not available, learnedstanding counsel submitted that for earlier years Tribunal's orderwas confirmed by this Court. We, therefore, answer the questionreferred against the assessee. (C.N.RAMACHANDRAN NAIR, JUDGE) (V.K.MOHANAN, JUDGE)