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2020 (3) TMI 883 - HC - Income TaxCorrect head of income - leasing and renting of immovable properties with all infrastructural facilities with providing maintenance and related activities of the said immovable properties sub-leasing of already leased out property - income from house property or income from business - HELD THAT:- A perusal of the Judgment of the Hon'ble Supreme Court in RAYALA CORPORATION PVT. LTD. [2016 (8) TMI 522 - SUPREME COURT] would show that it only treats the assessee's income by leasing out the property as income from business and profession as claimed by the assessee. However, the said Judgment does not deal with the income under other heads and no finding has been given by the Hon'ble Supreme Court. Making it clear as stated above, as no finding has been given with regard to any other heads, this Court is of the view that as per the Judgment of the Hon'ble Supreme Court, the rental income derived from the house property should be treated as business income. Hence, the question of law viz., 1 (a) is answered in favour of the assessee. Income from maintenance charges and air conditioning hire charges - It should not be treated as business income as it is covered by the Judgment of this Court in the case of "Tarapore & Co. Vs. Commissioner of Income Tax" [2002 (8) TMI 47 - MADRAS HIGH COURT] wherein this Court has held that Service charges received from tenants are liable to be assessed as "income from other sources" and not as "income from house property". Hence, the question of law viz.,1 (b) is answered in favour of the Revenue.
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