Income classification-Maintenance charges

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

Sir

We are in real estate business. Pvt Ltd Company

in your case it will be business income.  

 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.