The Commissioner Of Income Tax 5,Mumbai v. M/S. Crimson Property Pvt. Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.216 OF 2011 The Commissioner of Income Tax 5,Mumbai. Vs. M/s. Crimson Property Pvt. Ltd., ..Appellant. ..Respondent. .... Mr. Suresh Kumar, for the Appellant. Mr. S.C. Tiwari a/w. Natasha Mangat, for the Respondent. .... P.C. CORAM : J. P. DEVADHAR & A.R. JOSHI, JJ. DATED : 12th JANUARY, 2012. 1.Whether the ITAT was justified in holding that the income derived by the assessee from the business centre is “income from business”, is the question raised in this Appeal. 2.The ITAT in para-11 of its order has recorded a finding of fact that the assessee has been granting the user to use the facility on weekly basis and the user was required to pay to the business centre the subscription and service charges on weekly basis. The Tribunal has recorded a finding that even in the earlier years the Assessing Officer himself has passed an order that the income derived by the assessee is “business income”. 3.In these circumstances, we see no reason to entertain the Appeal. Accordingly, the Appeal is dismissed.. (A. R. JOSHI, J.) (J. P. DEVADHAR,J.)