Law:

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Section 22 of the Income-tax Act, 1961 - Income from house property - Chargeable as - Assessment year 2005-06 Where for assessment years 1997-98, 1998-99 and 2002-03 Tribunal had accepted income from letting out of shops as 'income from house property', for assessment year in question, Assessing Officer was not justified in treating it as business income [In favour of assessee] The principle of consistency would show that once the similar proposition has been accepted by the revenue in respect of an earlier assessment year 1997-98, then it is not open to it to challenge a similar finding and deviate from its earlier stand. Thus, where for the assessment years 1997-98, 1998-99 and 2002-03 the Tribunal had accepted income from letting out of shops as 'income from house property', for the assessment year in question the Assessing Officer was not justified in treating it as business income. CASES REFERRED TO Berger Paints India Ltd. v. CIT [2004] 266 ITR 99 (SC), CIT v. J.K. Charitable Trust [2009] 308 ITR 161 (SC) andC.K. Gangadharan v. CIT [2008] 304 ITR 61 (SC). Yogesh Putney for the Appellant. JUDGMENT M.M. Kumar, J. - The Revenue has approached this court by filing the instant appeal under section 260A of the Income-tax Act, 1961 (for brevity "the Act") challenging the order dated March 25, 2009, passed by the Income-tax Appellate Tribunal, Chandigarh Bench (for brevity "the Tribunal") in I.T.A. No. 1056/Chd/2008 in respect of the assessment year 2005-06. The Revenue has claimed that the following substantial questions of law would arise for determination of this court : "Whether on the facts and in the circumstances of the case, the learned Income-tax Appellate Tribunal is right in law in holding that the rental income earned by the assessee from the letting out of shops is assessable under the head Income from house property' and not income from 'Profits and gains of business or profession ? Whether the learned Income-tax Appellate Tribunal was right in following its own judgment in the assessee's case for the assessment year 1997-98 ignoring the fresh facts brought on record by the Assessing Officer and by ignoring the ratio of the High Court judgments…

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