Back
SURYA PRAKASH KESARWANI, RAJARSHI BHARADWAJ, JJ
M/S. OBEROI BUILDING & INVESTMENT (P) LIMITED – Appellant
Versus
COMMISSIONER OF INCOME TAX – II, KOLKATA – Respondent
| Table of Content |
|---|
| 1. case originates from a tax assessment dispute involving property leasing. (Para 2 , 3) |
| 2. arguments presented by both parties regarding income classification. (Para 5 , 6) |
| 3. court's observations on nature of leasing activities as part of business. (Para 7 , 9 , 10 , 11 , 12 , 13 , 16 , 17) |
| 4. the rationale behind classifying income as business income over other forms. (Para 14 , 19) |
| 5. final judgment overturning previous classification of income. (Para 20) |
1. Heard Shri Akhilesh Kumar Gupta, learned counsel for the appellant and Shri Smarajit Roychowdhury learned counsel for the Income Tax Department/respondents.
2. This appeal arises from the order dated 23.07.2010 in ITA No.330 (Kol) of 2008 [assessment year 2005-06]: Income Tax Officer / Ward-6(3), Kolkata v. M/s. Oberoi Building & Investment (P) Ltd., Kolkata passed by the Income Tax Appellate Tribunal, 'C' Bench, Kolkata.
Vide order dated 04.10.2010, this Court framed the following substantial questions of law:-
I. Whether on the facts and circumstances of the case and on a true and proper interpretation of the agreement, the income arising from sub-licensing of shops and establishment
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
