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2022 (8) TMI 1502 - AT - Income TaxCorrect head of income - rental income earned from let out building space along with inbuilt infrastructure and other amenities - 'income from other sources' or 'income from house property' - HELD THAT:- Revenue has been rejecting the assessee's claim on the flimsy ground that claim has not been made in the returns but the claim is made during the course of assessment proceedings. With a view to satisfy the Revenue and to overcome the above disability, the assessee after having filed the original return for AY 2013-14 filed revised return claiming therein that the rental income is assessable under the head 'income from other sources'. Adopting the reasons given in earlier years, analyzing the nature of lease agreement, holding that the assessee is not receiving composite rent as recommended by the Hon'ble Supreme Court in Sultan Brothers Pvt. Ltd. [1963 (12) TMI 4 - SUPREME COURT] and that the lease deed is between related parties, AO made the impugned disallowance which is confirmed by the Hon'ble DRP. We observe that this issue came up for consideration before the Tribunal pursuant to the directions of the Hon'ble Delhi High Court for AY 2011-12 and 2012-13. The Tribunal in its order [2021 (6) TMI 538 - ITAT DELHI] wherein Tribunal recorded its unequivocal finding that the lease deed under consideration was composite one and that it answered the description under section 56(2)(iii) - decided in favour of the assessee with the same directions to the AO as above.
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