ROHIT RANJAN AGARWAL,J. - (1.) These two appeals filed under Section 260A of the Income Tax Act, 1961 arise out of judgment and order dated 14.08.2013 passed by Income Tax Appellate Tribunal, Agra Bench (hereinafter called as 'ITAT') in Income Tax Appeal No. 182 and 292/ Agra/ 2012 for assessment years 2006-07 and 2008-09.
(2.) As the issues in question are same in both the appeals, as such they are being heard and decided together by a common order.
(3.) These appeals were admitted on 25.10.2017 on the following question of law:- "(a) Whether in view of the facts of the case particularly the source of funding for acquiring the property, the inter-relationship between the agreements entered into by the appellant and the Constitution Bench of the Hon'ble Supreme Court in Sultan Brothers Pvt. Ltd. Vs. C.I.T. (1964) 51 ITR 353 (S.C.) and the Division Bench judgment of this Hon'ble Court passed in CIT v. Goel Builders 331 ITR 344 (All.), the Tribunal below was justified in holding that the receipts of the appellant were income from house property/ other sources and not business income? (b) Whether, in view of the decisions In Radhasaomi Satsang v. CIT 193 ITR 321 (SC) and in ACIT Vs. D.M. Brothers (2010) 44 DTR 13 (All.), the decision of the Tribunal below in discarding the treatment of the receipts of the appellant as business income for Assessment Year 2005-06 and in all subsequent assessment year's till A.Y. 2013-2014 (except assessment year's under appeals) is legally justified?";