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Judgment
Arijit Pasayat, C.J.—At the instance of the assessee, the following questions have been referred by the Tribunal, Delhi Bench-B, for opinion of this Court u/s 256(1) of the income tax Act, 1961 (''the Act'') : Assessment year 1975-76 :
Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the receipts of Rs. 1,12,823 for letting out the godowns should be taxed as the appellant''s income under the head ''Income from house property'' and not under the head ''Income from business'' ?
Assessment year 1976-77 :
Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the receipts of Rs. 1,41,059 for letting out the godowns should be taxed as the appellant''s income under the head ''Income from house property'' and not under the head ''Income from business'' ?
Assessment year 1977-78 :
Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the receipts of Rs. 1,39,664 for letting out the godowns should be taxed as the appellant''s income under the head ''Income from house property'' and not under the head ''Income from business'' ?
Since the issue involved is common with difference only in the assessment years, we will take up all the three references together to be governed by this common judgment. An identical issue came up for consideration in the assessee''s own case for the assessment year 1974-75 in IT Reference No. 59 of 1983. In view of the answer given in the said case, these references are answered in the affirmative, in favour of the revenue and against the assessee.
The references stand disposed of.