HONOURABLE THE CHIEF JUSTICE SHRI MADAN B.LOKUR AND HONOURABLE SHRI JUSTICE SANJAY KUMAR I.T.T.A NO.86 OF 2000 Dt: 26.12.2011 Between Commissioner of Income Tax Visakhapatnam. …Appellant AND M/s.Sri Kanya Combines, Makavarapalem, Visakhapatnam. …Respondent HONOURABLE THE CHIEF JUSTICE SHRI MADAN B.LOKUR AND HONOURABLE SHRI JUSTICE SANJAY KUMAR I.T.T.A NO.86 OF 2000 JUDGMENT: (PER HON’BLE THE CHIEF JUSTICE SHRI MADAN B.LOKUR) The two substantial questions of law raised in this appeal are as follows: 1) Whether on the facts and in the circumstances of the case, the ITAT is correct in law in holding that the rents received by the assessee firm by letting out shops and lodge is assessable as business income? 2) Whether on the facts and in the circumstances of the case, the ITAT is justified in observing that the letting out of shopping complex and lodge is incidental to the running of the business of cinema theatre? 2. The present appeal pertains to the Assessment Year 1992-93 and we find from the order of the Income Tax Appeal Tribunal (for short, ‘the Tribunal’) that identical issues had arisen in the Assessment Years 1989-90 and 1990-91. In both these years the Tribunal had decided in favour of the assesee. 3. Learned counsel for the Revenue is unable to tell us whether the orders passed by the Tribunal in respect of Assessment Years 1989- 90 and 1990-91 were appealed against. 4. On the other hand, learned counsel for the assessee states that as far as he is aware, no notice was issued to the assessee in respect of these two assessment years by this Court. Presumably, therefore, the order of the Tribunal has been accepted by the Revenue. 5. In the present appeal, the Tribunal has merely followed the orders passed for the earlier assessment years. Since the Revenue seems to have accepted the orders of the Tribunal in respect of the earlier assessment years, this appeal must also be decided in favour of the assessee. 6. Under the circumstances, the two questions referred to us are answered in the affirmative, in favour of the assessee and against the Revenue. 7. The Appeal stands disposed of. ( MADAN B.LOKUR, CJ ) ( SANJAY KUMAR, J ) Dt: 26.12.2011. VGSR/TNB