|The Tax Publishers2021 TaxPub(DT) 0168 (Mum-Trib) : (2021) 187 ITD 0653
INCOME TAX ACT, 1961
Section 14 Section 24(a)
Where assessee, a Housing Co-operative Society, had let out its terrace to a service provider to errect its mobile antenna tower, income from renting of terrace would be liable to tax under the head 'Income from House Property' as letting out was in relation to land and land appurtenant thereto, and not under the head 'Income from Other Sources'.
Heads of income - Income from other sources or Income from house property - Income from renting of terrace for erection of mobile antenna tower -
Assessee, a Housing Co-operative Society, had let out its terrace to Reliance Infratel to erect its mobile antenna tower. It was the case of the department that the same be taxed as Income from other sources as what was seen from the alleged agreement was that the assessee would maintain the tower, etc., and provide infrastructure to the same. On appeal, CIT(A) upheld views of the AO. Held: Letting out terrace was in relation to land and land appurtenant thereto thus was income from house property. Accordingly, AO was directed to treat the amount received by the assessee on account of renting out of terrace to M/s. Reliance Infratel Limited for the purpose of installation of antenna tower as income from house property in terms of the claim made by the assessee.
Applied:Manpreet Singh v. ITO, (2015) 53 taxmann.com 244 (Delhi-Trib.) : 2015 TaxPub(DT) 0539 (Del-Trib).
REFERRED : Mukherjee Estates (P.) Ltd. v. CIT (2000) 244 ITR 1 (Cal) : (2000) 113 Taxman 313 (Cal-HC) : 2000 TaxPub(DT) 1284 (Cal-HC).
FAVOUR : In assessee's favour.
A.Y. : 2014-15
IN THE ITAT, MUMBAI 'D' BENCH
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