TMI Blog2014 (12) TMI 189X X X X Extracts X X X X X X X X Extracts X X X X ..... ness activity undertaken - the Tribunal was justified in distinguishing the case of the Bombay High Court in Nutan Warehousing Company P. Ltd. - Vs DCIT [2010 (2) TMI 397 - BOMBAY HIGH COURT] - the Tribunal rightly come to the conclusion that it is a case of business income and not income from house property – thus, the order of the Tribunal is upheld – Decided against revenue. - T.C.A. Nos. 303 to 305 & 812 of 2013 - - - Dated:- 1-12-2014 - R. Sudhakar And R. Karuppiah,JJ. For the Appellant : Mr. T. R. Senthil Kumar For the Respondent : Ms. Pushya Sitaraman, SC, for Ms. Sree Vidya JUDGMENT (Delivered By R. Sudhakar, J.) Aggrieved against the order of the Income Tax Appellate Tribunal in dismissing the appeals file ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . In pursuance of its objects, the appellant carried on the business of warehousing in its own godowns and rented premises. The appellant derived income also from transporting business. The basic issue for adjudication in this appeal is whether income from warehousing is assessable as income from house property or business. ********* 13. The appellant's case is that the assessee's activity is not merely letting out of the warehouses, but storage of goods with provision of several auxiliary services such as pest control, rodent control and preventive measures against decay of goods stored due to vagaries of moisture/temperature, fungus formation, etc., besides security/protection of the goods stored. There is therefore no dispu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nting of godowns and providing facilities for storage of articles or things and descriptions whatsoever. The profit and loss account of the assessee company shows that its main source of income is storage charges and maintenance or user charges. Even substantial part of the expenses also relate to the salaries of the employees engaged in the maintenance and upkeep of the godowns and warehouses. Therefore, in our considered opinion, the income of the assessee from letting out of warehouses and godowns is chargeable under the head Business Income and not Income from House Property . Accordingly, we uphold the findings of the CIT (A) and dismiss this ground of appeal of the Revenue. 4. Heard Mr.Senthil Kumar, learned standing counsel appea ..... X X X X Extracts X X X X X X X X Extracts X X X X
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