TMI Blog2021 (7) TMI 786X X X X Extracts X X X X X X X X Extracts X X X X ..... le Mr. Justice M.Duraiswamy And Hon'ble Mrs.Justice R.Hemalatha For the Appellant (in all 4 TCAs) : Mr.T.R.Senthil Kumar Senior Standing Counsel And Mrs.K.G.Usha Rani Junior Standing Counsel For the Respondent (in all 4 TCAs) : Mr.Siddharth Govind for Nithayesh Vaibhav COMMON JUDGMENT M.DURAISWAMY, J. Challenging the orders passed in I.T.A.Nos.831, 832 1900/ Mds/2012 and C.O.No.192/ Mds/2012 in I.T.A.No.1900/Mds/2012 in respect of the Assessment Years 2007-08, 2008-09, 2009-10 on the file of the Income Tax Appellate Tribunal, Chennai, C Bench, the Revenue has filed the above appeals. 2.The only issue in the appeals of the Revenue is that the Income Tax Appellate Tribunal erred in holding that the lease ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ... 2.The above appeal was admitted on the following substantial questions of law: Whether the Tribunal was right in holding that the income derived from letting out of property to the tenants for the purpose of running a software technology park is 'income from business'? 3.When the appeal is taken up for hearing, Mr.M.Swaminathan, learned Senior Standing Counsel for the appellant/Revenue fairly submitted that the issue involved in the above appeal has already been decided by the Hon'ble Division Bench of this Court, by its Judgment dated 07.07.2020 in T.C.A. No.732 733 of 2018, wherein the Hon'ble Division Bench held as follows:- 8.So far as Substantial Question of Law No.1 is concerned, it has to be seen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of the assessee, to find out the receipts are assessable under the head of income from house property or as business income and if receipts does not fall in any of those classified heads, would fall consideration under the residuary head of income as income from other sources. 11.After referring to the decision in the case of CIT Vs. Chennai Properties and Investments Limited, reported in (2005) 274 ITR 117, it was pointed out that income derived from letting out of the property with all amenities and facilities would be income from business and cannot be assessed either as income from house property or as income from other sources. The said decision of the Hon'ble Division Bench was appealed against by the revenue before the Hon& ..... X X X X Extracts X X X X X X X X Extracts X X X X
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