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Income from housing property or business income::

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Court :
HC

Brief :
Held by the Hon`ble Bench that the income obtained was not merely because of the bare letting of the premises but also because of the facilities and services rendered and just as utilisation of accommodation for providing board and lodging facility to customer is a commercial activity, utilisation of space for providing shopping facilities is also a commercial activity. Therefore income form mall management and business centre is business income.

Citation :
PFH mall and retail management ltd Vs. I.T.O. 05/11/2007 [2008] 298 ITR (AT) 371(Kolkata)

Income from housing property or business income PFH mall and retail management ltd Vs. I.T.O. 05/11/2007 [2008] 298 ITR (AT) 371(Kolkata) Case Fact: 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? Decision: Held by the Hon`ble Bench that the income obtained was not merely because of the bare letting of the premises but also because of the facilities and services rendered and just as utilisation of accommodation for providing board and lodging facility to customer is a commercial activity, utilisation of space for providing shopping facilities is also a commercial activity. Therefore income form mall management and business centre is business income.
 

CA.Saibaburao Nanduri
on 18 May 2008
Published in Income Tax
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