TMI Blog2018 (6) TMI 615X X X X Extracts X X X X X X X X Extracts X X X X ..... ost casual and reckless manner in which the Revenue files appeals before this Court. Treatment of rent from amenities - income from other sources - Held that:- It is not even the case of the Revenue that furniture belonging to the respondent has been let out along with building to the lessee bank - thus there is no occasion to Section 56(2)(iii) and the amount cannot be classified as income from other sources - hence there is no question of law - appeal is dismissed. - INCOME TAX APPEAL NO. 1360 OF 2015 - - - Dated:- 6-6-2018 - M.S. SANKLECHA And SANDEEP K. SHINDE, JJ. Mr. Ashok Kotangle a/w Padma Divakar for the appellant None for the respondent ORDER P. C. 1. This Appeal under Section 260A of the Income Tax Act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2011 in respect of the same respondent assessee. (b) Mr. Kotangle, learned Counsel appearing for the Revenue very fairly states that being aggrieved by the order of the Tribunal dated 12TH August, 2011 on an issue also raised herein, the Revenue had preferred an appeal before this Court being Income Tax Appeal No.172 of 2013. The appeal of the Revenue was dismissed by the order dated 24th December, 2014. No distinguishing features warranting a different view in this appeal from that taken in the order dated 24th December, 2015 passed in Income Tax Appeal No.172 of 2013 in respect of the same respondent assessee has been pointed out to us. (c) Therefore, for the reasons indicated in our order dated 24th December, 2015 passed in Income ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under the head income from house property. This was on the basis of two lease agreements with UCO Bank, one for lease rent amounting to ₹ 54,290/per month and another for amenities at ₹ 26,474/per month. The Assessing Officer held that the income offered under agreement for lease of amenities for ₹ 26,474/per month could not be classified under income from house property. The Assessing Officer by an assessment order dated 6th July, 2012 held that the amount received for lease of amenities has to be treated as income from other sources. (b) Being aggrieved, the respondent carried the issue in appeal to the Commissioner of Income Tax (Appeals) [CIT(A)]. By an order dated 11th March, 2013, the CIT(A) on examination of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch a case, the income would be classified as income from other sources and not be chargeable to tax under the head profits and gains. In this case, it is not even the case of the Revenue that furniture belonging to the respondent has been let out along with building to the lessee bank. In these circumstances, on the aforesaid factual findings, there is no occasion to Section 56(2)(iii) of the Act being applicable. Thus, the amount received under the amenities agreement cannot be classified as income from other sources. The factual findings by the two Authorities is that the amenities / services provided by the respondent is one which would be provided by any person who lets out the building / property for rent i.e. for keeping the building ..... X X X X Extracts X X X X X X X X Extracts X X X X
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