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TMI Blog2013 (12) TMI 744X X X X Extracts X X X X X X X X Extracts X X X X ..... gular intervals, to do loading and unloading and stock taking in addition to ensuring proper spray of pesticides in the godown, it was doing a complex commercial activity, hence receipts were taxable as business income and not income from house property, more so when receipts were assessed as business income in the past and there was no change in factual or legal position – Decided against Revenue. Income from Business OR from other Sources - Income received on let out of furniture and fixtures and generator assessed as 'Income from other sources', to be assessed as business income – Held that:- The assessee is carrying on the business of letting out warehouse/godown for commercial purposes - The furniture & fixtures and generator are at ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iness income merely for the fact that it is used for commercial purpose, the same is neither in conformity with law nor on facts and hence not acceptable. 5. The learned CIT(A) erred in not appreciating the AO's findings of the fact that the warehouse/ godown was used for commercial purpose does not change the nature of income in the hands of the recipient i.e., the assessee who being the owner of the property was only exploiting the same by leasing out and realising income by way of rent. 6. The CIT(A) erred in granting relief for the expenses as business income as the assessee has not carried out any business activity. 7. The CIT(A) erred in holding the income received on let out of furniture and fixtures and generator rightly asses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oper spray of pesticides in the godown, it was doing a complex commercial activity, hence receipts were taxable as business income and not income from house property, more so when receipts were assessed as business income in the past and there was no change in factual or legal position." 5. In view of the above ratio laid down by the Tribunal, we are inclined to confirm the order of the CIT(A) on this issue. Ground Nos. 2 to 6 of the Revenue are dismissed. 6. With regard to the next issue (ground No. 7) the facts are that the assessee also has disclosed certain income from letting out of furniture fixtures and generator. The Assessing Officer has treated the said income received from furniture fixtures and generator as income from o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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