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Rent received from Shopping mall Taxed Under which head

This query is : Resolved 
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(Querist)
23 April 2009 Whether income form mall management and business centre under agreements with users for providing services and limited rights granted to users while owner ship remains with owner is income form business or housing property?
PFH mall and retail management ltd Vs. I.T.O. 05/11/2007 [2008] 298 ITR (AT) 371(Kolkata)
Whether any supreme court decision had there for particular issue?
Whether Department had gone to SC for that particular case given above?
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Rajesh Kumar

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Rajesh Kumar (Expert)
26 April 2009 It should be treated as business income.
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