Income classification-Maintenance charges

Tax queries 370 views 4 replies
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394 Points Joined June 2021

We have been paying building maintenance charges and the same is recovered from the tenants. So, the amount should be business income OR Income from House Property?

 

Is there any case laws where recovery of building maintenance charges from the lesee is treated as business income. Please guide us for tax computation

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On 22 October 2024 at 10:23 Report
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SEO Sai Gr. Hosp.
208350 Points Joined July 2016

What is the constitution of the society. e.g RWA, housing society etc.?

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On 22 October 2024 at 11:05
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394 Points Joined June 2021

Sir

 

We are in real estate business. Pvt Ltd Company

 

 

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On 22 October 2024 at 11:32
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SEO Sai Gr. Hosp.
208350 Points Joined July 2016

in your case it will be business income.  

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On 22 October 2024 at 12:45
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Master in Accounts & high court Advocate
9456 Points Joined December 2011

 In general, building maintenance charges recovered from tenants are considered to be part of the rental income and are taxed under the head "Income from House Property" in India. 

However, if the building maintenance charges are substantial and are in the nature of a separate business activity, they might be considered as business income. 

This could be the case if the maintenance charges are excessive and are not merely a reimbursement of expenses, but rather a source of profit. 

There are a few case laws that support this view: 

- In the case of CIT vs. Smt. Shakuntala Bai (1981), the Madhya Pradesh High Court held that maintenance charges recovered from tenants were taxable as business income. - 

In the case of CIT vs. M/s. J.K. Industries Ltd. (2007), the Punjab and Haryana High Court held that maintenance charges recovered from tenants were part of the business income.

 However, it's essential to note that these case laws might not be applicable to your specific situation, and the tax treatment will depend on the facts and circumstances of your case.

 They can help you determine whether the building maintenance charges should be taxed as business income or income from house property.

Remember, tax laws and regulations can change, so it's always check with gst portal.

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On 26 October 2024 at 13:34


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