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2015 (10) TMI 2743 - ITAT MUMBAIBusiness Centre Service Charges - nature of income - treated as “Business Income” OR “Income from House Property” - commercial exploitation - Held that:- After considering the Business Conducting Agreement between the assessee and PRIL, the CIT(A) recorded finding that the assessee has granted permissive use of the services and facilities provided in the premises by the assessee. The Conductor has no right of occupancy, but only limited access for the purposes of business activities during hours of day fixed in the agreement. We also found that the premises are in the control of the assessee and the assessee is required to provide services as per the agreement for which personnel on permanent basis were to be employed. Thus, the management and administration of the mall vested with the assessee. The detailed finding recorded by the CIT(A) has not been controverted by the department by bringing any positive material on record. Accordingly, no merit to interfere in the order of CIT(A). We further found that the issue is squarely covered in the case of Chennai Properties and Investment Ltd. [2015 (5) TMI 46 - SUPREME COURT] in favour of the assessee for holding that such commercial exploitation renders income from business rather than income from house property. - Decided against revenue.
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