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2011 (11) TMI 500 - AT - Income TaxRent received on amenities - Income from Other Sources v/s Income from House property – assessee's alternate ground for allowing depreciation on the items considered under the head "Income from Other Sources" – Held that:- As separate agreements for letting out land & building and amenities were entered into it can be seen that none of items listed out as amenities were inextricably connected to the building in such a way that it could be considered as part of the building itself. These were all separable items and it cannot be said that nobody would have rented out the building by itself without such items. Thus rightly taxed under the head “Income from Other Sources". Further, clause (ii) of Section 57 mandates that "income from other sources" had to be computed after giving deduction in accordance with provisions of sub-clause (ii) of clause (a) and clause (c) of Section 30, Section 31 and sub-sections (1) and (2) of Section 32 and subject to the provisions of Section 38. Therefore, alternative ground of the assessee is allowed. Decided partly in favour of assessee.
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