TMI Blog2020 (3) TMI 883X X X X Extracts X X X X X X X X Extracts X X X X ..... me 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 un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. - T.C.A.No.813 of 2019 - - - Dated:- 26-2-2020 - THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN For Appellant: Mr. Venkat Narayanan And Mr. Subbaraya Aiyar. For Respondent: Mr. T. Ravikumar. JUDGEMENT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ance and related activities of the said immovable properties sub-leasing of already leased out property; and b)maintenance charges and air conditioning hire charges as income from house property and not income from business, having regard to the fact that the appellant company is pursuing the main object of the company as provided in the Memorandum and Objects? 4.Mr.M.Venkat Nara ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e charges, land rent, ground rent etc., is not covered in the Judgment of the Hon'ble Supreme Court. 6.A perusal of the Judgment of the Hon'ble 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (2003) 259 ITR 0389 : (2002) 125 TAXMAN 0446 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. 8.With the above observations, this appeal is disposed of. No costs. - - TaxTMI - TMITax - Incom ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
