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2021 (4) TMI 112 - ITAT DELHICorrect head of income - head under which rental income is to be taxed - assessee is earning rental income from commercial malls and offered the same under the head ‘Profit and Gains of Business or Profession’ - AO has taxed the said rental/lease income under the head “income from house property” - HELD THAT:- Hon’ble Delhi High Court in DISCOVERY ESTATES PVT. LTD. [2013 (3) TMI 124 - DELHI HIGH COURT] has directed to treat the rental income earned by the assessee from commercial properties as income under the head ‘House Property’ instead of Income from business or profession. As the learned CIT(A) has followed the binding precedent in the case of the assessee itself, we do not find any error in the order of the learned CIT(A) on the issue in dispute and accordingly uphold the same. The grounds of the appeals are dismissed.
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