COMMISSIONER OF INCOME-TAX, C.R. BUILDING, QUEENS ROAD, BANGALORE AND THE DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE 2(1) C.R. BUILDING, QUEENS ROAD, BANGALORE Vs. M/S. ASK BROTHERS FAMILY TRUST, 44, RACE COURSE ROAD, BANGALORE

JUDGEMENT

(1.) THESE appeals are filed by the Revenue being aggrieved by the order passed by the Income Tax Appellate Tribunal, Bangalore Bench 'B' (hereinafter called as 'Tribunal' for short) in ITA Nos. 1311 to 1313(Bang)/2003 for the Assessment years 1995 -96 to 1997 -98.

(2.) THE assessee had filed its return of income for the assessment year 1996 -97 on 31.3.1997. The return was assessed in the status of AOP. The return was processed under Sec. 143(1) of the Act and since it was found that the assessee had rental income which is assessable under the head 'Income from house property' and assessee has shown the income under the head 'other sources' and had claimed expenses, the assessment was reopened by the assessing officer by order dt. 8.3.2002. During the assessment year 1995 -96, 1996 -97 and 1997 -98 also the income was shown as income from other sources which according to the assessing officer, was the income from house property and was shown as income from other sources and assessment was reopened by the Assessing Officer by order dt. 8.3.2002 and rejected the claim of the assessee and treated the income as income from house property and accordingly made the assessment and issued demand notice. Being aggrieved by the same the assessee preferred appeal in ITA Nos. II, 12 and 13/CC -2(])/CIT (A) -VI/02 -03 before the Commissioner of Income Tax (Appeals) -VI, Bangalore on 12.04.2002. The appeal was allowed by order dt. 30th June 2003 by holding that having regard to the terms of the agreement and the facts and circumstances of the case the assessee had rightly shown the income derived under the licensing agreement as income from other sources and Assessing Officer was not justified in treating the said income as income from house property and accordingly allowed the appeal. Being aggrieved by the same revenue preferred ITA Nos. 1311 to 1313 (Bang)/2003 on the file of the Tribunal and the Tribunal by the impugned order dt. 16.2.2006 confirmed the order passed by the appellate authority and dismissed the appeal filed by the Revenue. Being aggrieved by the order of the Tribunal these three appeals are filed by the Revenue.

(3.) I .T.A. Nos. 1073/06 and 1071/06 have been admitted on 18.4.2007 and I.T.A. No. 1072/06 has been admitted on 5,4.2007 for consideration of following substantial questions of law raised in the appeal memo which reads as follows: