Is CIT(A) legally justified in allowing relief to the assessee on the basis of its earlier orders in the assessee’s own case?


Quick Summary
This case concerns whether the Commissioner of Income Tax (Appeals) was legally correct in classifying income from letting out business assets as 'Income from House Property'. The Revenue argues that the CIT(A) overlooked Supreme Court decisions, specifically the case of Universal Plast Limited vs. CIT, and wrongly applied the principle of res judicata, as each assessment year is distinct. The appeal questions the justification for granting relief based on earlier orders in the assessee's own case.

Court :
ITAT Delhi

Brief :
Appellant, Asstt. Commissioner of Income Tax, New Delhi (hereinafter referred to as ‘the revenue’) by filing the present appeal sought to set aside the impugned order dated 22.12.2017 passed by the Commissioner of Income-tax (Appeals)-22, New Delhi qua the assessment years 2014-15 on the grounds inter alia that :

Citation :
ITA No.1879/Del./2018

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1 Year PLAN
1999
(Excl. of GST ₹359)

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3499
(Excl. of GST ₹629)

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Published in Income Tax
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