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2013 (12) TMI 782 - AT - Income TaxNature of rental income - business income or income from house property or other sources - a warehouse/godown was let out by the assessee for preservation of goods belonging to M/s. Hindustan Lever Ltd., for commercial purposes and the letting out of the building for warehouse is business of the assessee. - Held that:- the income derived is to be treated as income from business only. - Decided against the revenue. TDS on rent paid - assessee contended that when the assessee itself did not claim the payments by debiting to profit and loss account, the question of disallowance of those amounts by invoking the provisions of section 40a(ia) does not arise. - Held that:- In the case of M/s. Narne Constructions (P) Ltd [2013 (3) TMI 412 - ITAT HYDERABAD], it was observed that; unless the assessee claims this item as expenditure / payment, the A.O. cannot allow or disallow the same - Decided in favor of assessee.
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