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2013 (4) TMI 263 - AT - Income TaxReceipt of commission income from tenant - nature of receipt - "income from business or profession" OR "income from house property" - Held that:- The decision of CIT Vs. Faith Real Estate (P) Ltd. [2008 (4) TMI 669 - DELHI HIGH COURT] would be squarely applicable to the facts of the assessee's case because here also, the assessee had given the premises owned by it to M/s Sant Enterprises and is getting 3% commission on the sales made by M/s Sant Enterprises. Before the CIT(A), partner of M/s Sant Enterprises affirmed that the staff member of the assessee used to check and supervise daily sales. There is no doubt about the genuineness of the franchise agreement between the assessee firm and M/s Sant Enterprises. Therefore, the CIT(A) rightly followed the above decision of Hon'ble Jurisdictional High Court and held that the income of commission received from M/s Sant Enterprises is to be assessed as business income.
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