TMI Blog2016 (6) TMI 1239X X X X Extracts X X X X X X X X Extracts X X X X ..... ding, but other services are part and parcel of letting of building. Hence the decision rendered by the Hon’ble Supreme court in the case of Shambu Investments (2001 (3) TMI 77 - CALCUTTA High Court) shall squarely apply to the assessee. Also agree with the Ld D.R that the principle of res-judicata shall not apply to income tax proceedings. Thus the predominantly, the receipts towards amenities are to be considered as part of rental income only. However, as stated earlier, the expenses incurred towards security services and pantry services are not connected to the rental income and hence they should be deducted from the receipts towards amenities. Accordingly the only net receipts after deduction of above said income should be considered ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ficer has disallowed only the depreciation claimed on the building. He submitted that the AO did not disturb the business income declared by the assessee. He submitted that the same treatment was accepted in AY 2010-11 and 2011-12 also. He submitted that the AO has disturbed the return of income of the assessee in respect of receipts towards amenities in AY 2008-09 only. He submitted that under the principle of consistency, the AO should have assessed the receipts towards amenities as business income. He submitted that the assessee has been providing various amenities to its tenant and hence the receipts towards amenities should be assessed as business income. 4. On the contrary, the ld D.R submitted that the assessee has let out entire ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be treated as income from house property. Therefore, it was pleaded that at least the income from the amenities etc. should be held as business income. After considering the rival submission, I do not agree with the contention of the appellant, primarily because throughout the year the premises was let out to other parties. It is, therefore, seen that the entire income earned by the appellant from the properties in question during the year under consideration have come from exploitation of the immovable property of the appellant, which cannot he held as business income of the appellant, in view of the decisions of the Hon'ble Apex Court in the case of National Storage 66 ITR 596 (SC) as well as in the case of M/s Shambhu Investments Pvt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ces. The electricity expenses incurred by the assessee are being reimbursed by the tenant. I notice that the security services and pantry services are not germane to the letting of building, but other services are part and parcel of letting of building. Hence the decision rendered by the Hon ble Supreme court in the case of Shambu Investments (supra) shall squarely apply to the assessee. I also agree with the Ld D.R that the principle of res-judicata shall not apply to income tax proceedings. 7. Accordingly I am of the view that the predominantly, the receipts towards amenities are to be considered as part of rental income only. However, as stated earlier, the expenses incurred towards security services and pantry services are not connec ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
