Itta/78/2003 Of The Comm. Of Income Tax Ap 1 Hyd v. Smt.premalatha Sec Bad

HON’BLE SRI JUSTICE L. NARASIMHA REDDYANDHON’BLE SRI JUSTICE CHALLA KODANDA RAM I.T.T.A No.78 of 2003 JUDGMENT:-(Per Hon’ble Sri Justice L.Narasimha Reddy) This appeal under Section 260A of the Income Tax Act,1961 is filed against the order, dated 12.06.2000, passed by theHyderabad Bench ‘B’ of Income Tax Appellate Tribunal inI.T.A.No.1421/Hyd/95. The controversy is as to whether the income received bythe respondent herein in the form of rents from the leaseholdpremises can be treated as income from business or income fromhouse property. In respect of the very respondent, the same question wasdealt with by us in R.C.No.5 of 1997. The R.C., in turn, arose outof I.T.A.Nos.602 and 606 of 1993. The orders passed in thoseappeals constitute the basis for the Tribunal in dismissingI.T.A.No.1421/Hyd/95. We took the view that in the facts of thecase, the income of the respondent deserves to be treated as theone from business. In view of the same, we dismiss the appeal. There shall beno order as to costs. Miscellaneous petitions, if any, filed in this appeal shall alsostand disposed of. _______________________ L. NARASIMHA REDDY, J ________________________ CHALLA KODANDA RAM, J