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2015 (9) TMI 13 - AT - Income TaxIncome from hotels - income from business or house property - Held that:- The inference drawn by the Assessing Officer that the assessee intended to let out the hotels on rent and earn rental therefrom is not justified. Our this view also finds support from the decision of the Hon'ble Bombay High Court in the case of Mohiddin Hotels P. Ltd. (2005 (9) TMI 46 - BOMBAY High Court ), wherein in the similar facts and circumstances of the case has held that when the agreement did not relate to a bare tenement but was in respect of the hotel, the hotel was complete with fittings and fixtures and ready for commencing the business, all licences, permissions and no objection certificates required for running hotels were to be obtained in the name of the assessee was a pointer to the aspect that the assessee intended to exploit the hotel properties as business asset, and therefore, the income was income from business u/s. 28 of the Act. Hence, we find no infirmity in the order of the Commissioner of Income Tax (Appeals), which is hereby confirmed and the grounds of appeal of the Revenue are dismissed. - Decided against revenue.
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