Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2021 (1) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (1) TMI 201 - AT - Income TaxCorrect head of income - income from renting of terrace - erection & installation of Antenna Tower - under the head 'Income from Other Sources' or 'Income from House Property' - AO disallowing claim for deduction under Section 24(a) of-the Act and bringing the same to tax under the head 'Income from Other Sources' - HELD THAT:- Under clause 3C of the Leave & Licence Agreement, it is provided licensee shall “(b)e responsible to obtain all prior approvals from all concerned authorities, as necessary under the relevant laws in force from all authorities concerned, to carry out installation and erection of and to run and maintain the antenna tower and BTS equipment in the semi permanent structure, or the installation thereof, including work of any other nature”. Similarly, under clause 3K of the Leave & Licence Agreement the assessee shall “(a)t its own costs, charges and expenses keep and maintain the Licensed Area in good condition and wind and water tight.” the very foundation of the impugned order of the learned CIT(A), therefore, is unsustainable in law. As relying on MANPREET SINGH case [2015 (2) TMI 159 - ITAT DELHI] we uphold the plea of the assessee and accordingly direct the assessing officer to treat the amount received by the assessee on account of renting out of terrace to M/s. Reliance Infratel Limited for the purpose of installation of antenna tower as income from house property in terms of the claimed made by the assessee. The assessee gets the relief accordingly.
|