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2014 (7) TMI 1110 - ITAT MUMBAIDetermination of head of income under which the income received from business service centre is chargeable to tax - Held that:- Assessee has agreed that the income received by the assessee from business service centre in the form of license fees, which is in the nature of rent, is liable to be taxed under the head income from house property in the hands of the assessee as rightly held by the authorities below. The license fees/rent was received by the assessee as per the first agreement while the service charges were received by the assessee as per the other agreement and going by the quantum of service charges received, which were more than the amount of license fees, the AO, in our opinion, should have confronted this position to the concerned parties while making enquiry to find out the exact factual position. Having regard to all these facts of this case, we are of the view that this matter should go back to the Assessing Officer to decide the same afresh in accordance with law after verifying all the relevant aspects and after giving the assessee a proper and sufficient opportunity of being heard. The AO may also take into consideration the final fate of this issue in assessee’s own case for A.Y.2007-08 - Decided partly in favour of assessee.
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