TMI Blog1980 (1) TMI 4X X X X Extracts X X X X X X X X Extracts X X X X ..... he facts and in the circumstances of the case, the Appellate Tribunal was right in holding that the income derived by the assessee from letting out of 'Vinayaka Lodge' should be assessed as business income but not income from property ? " The assessee was carrying on business in groceries. He constructed a building between November, 1965, and September, 1967. The building consisted of 68 rooms, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the AAC also rejected the assessee's contention that the said income should be assessed under the head " Business ". The Tribunal, on further appeal, held that in view of the number of rooms, the length of time for which the inmates were occupying the building and the amenities provided, like cot, table, chair, electricity, water supply, room service, etc., the activity of the assessee in runnin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the one before us is, to a large extent, capable of decision only on the basis of the facts of each case. It is not possible to have any axiomatic principle to find out whether in running a particular lodge, the assessee has been carrying on a business or merely letting out the property. In this particular case, the following features emphasise the commercial character of the activity of the asses ..... X X X X Extracts X X X X X X X X Extracts X X X X
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