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2019 (7) TMI 166 - AT - Income TaxNature of income - Collection of Outgoing charges/ facility service charges from tenants - business income or Income from House Property - outgoing charges are in respect of maintenance of common area, garden, building premises, 24 hour security, parking, attendant, infrastructure maintenance, water and common area, power, annual maintenance in generating power back up. - HELD THAT:- Where the assessee had given on rent a property, on which it was receiving rent and facility service charges, since facility service charges were being received by assessee in return of providing specific services like housekeeping, security, etc., same was liable to be assessed as business income. Similar view was taken by Jaipur Tribunal in Vikram Golecha [2008 (3) TMI 369 - ITAT JAIPUR-A] Even in AY 2005-06, 2006-07, 2007-08, 2009-10, 2011-12 the revenue has allowed the said outgoing charges as business income of the assessee, therefore, the assessing officer should have allowed the outgoing charges as business income on the concept of consistency. Thus, in view of above discussions, we respectfully following the decisions of coordinate bench direct the assessing officer to treat the outgoing charges as business income.
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