TMI Blog2019 (4) TMI 1388X X X X Extracts X X X X X X X X Extracts X X X X ..... provided range of common amenities. List of which is reproduced earlier. These facilities included installation of elevators, installation for Fire Hydrant Sprinkler system, installation of central garbage collections and disposal system, installation of common dining arrangement for occupants and the staff, common water purifier and dispensing system, lighting arrangement for common areas etc. The assessee did not simply rent a commercial space without any additional responsibilities. The assessee executed lease and license agreements and also provided range of common facilities and amenities upon which the occupiers could run their business from the leased out premises. The charges for such amenities were also broken down in two part ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m the licensees such as common amenities charges, maintenance charges, advertisement charges. The Assessing Officer held that the income was from house property and not the business income. The issue eventually reached the tribunal. The tribunal by the impugned judgment held that the income was the business income. The tribunal noted that the assessee had entered into leave and license agreement with the licensee which shows that the building was constructed for the purpose of shopping mall with the approval of the Pune Municipal Corporation. The assessee was providing various facilities and amenities apart from giving shopping space on lease. The agreement contained the list of facilities to be provided by the assessee. Some of them were a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... payable by the licensees. The period of license was for 60 months. The tribunal also noted that no space in the shopping mall was given on rent simplicitor. The tribunal therefore held that the object of the assessee to exploit the building as a business is established. The assessee had also taken loan facility from bank for such shopping mall project. 4. We find that the conclusions of the tribunal are perfectly valid and legal. Whether the assessee s income from immovable property is income derived from business or from house property is always a mixed question of law and facts. The answer has to be gathered from range of facts and attendance circumstances. In the present case, the significant features are that the assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X
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