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2016 (1) TMI 1392 - ITAT MUMBAIHead of income - treatment to income received in respect of the Amenities Agreement with the lessee of the premises - 'Income from Other Sources' or 'Income from House Property' - Held that:- Since similar facts are permeating in this year also as per earlier AYs [2015 (6) TMI 757 - ITAT MUMBAI] arising out of the same agreement, therefore, no different view can be taken and following the rule of consistency and judicial precedent, we decide this issue against the Assessee by holding that the amenities charges received by the Assessee is to be assessed under the head ‘income from other sources’. Accordingly, ground no. 1 raised by the Assessee is treated as dismissed. Municipal taxes paid should be allowed against ‘income from other sources’ instead of ‘income from house property’ - it has been again admitted by both the parties that this issue too has been decided against the Assessee by the Tribunal vide same order. Allowing of certain business expenses - Held that:- The Assessee has claimed various expenses under the head ‘administrative expenses’ which has been claimed out of the income received from providing space and facilities for hosting functions for HSBC Bank. The Assessing Officer held that the Assessee had received hire charges from cinema hall which cannot be treated as business income, therefore, such an expenditure cannot be allowed. On this issue, consistent with the view taken in the earlier year, we also direct the Assessing Officer to decide this issue afresh in line with the directions given by the Tribunal in the earlier year after giving reasonable opportunity to the Assessee. Thus, ground no. 3 is treated as allowed for statistical purpose.
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