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2016 (4) TMI 403

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..... Private Ltd. and 100 per cent share capital of subsidiary company is held by the assessee company and both the directors are common. The assessee company had a rental income of Rs. 17,11,94,528/- from self occupied property situated at Plot No.7, Sector 127, Taj Express Way, New Okhla Industrial Development Authority (NOIDA), District Gautam Budh Nagar. The Subsidiary Company of the assessee provided various services and maintenance to the tenant and received Rs. 2,72,74,672/- for the services rendered as per another agreement dated 25 August 2008. The tenant paid rent to the assessee company and maintenance charges to the subsidiary company. The assessing officer are completed the assessment of assessee by adding a sum of Rs. 2,72,74,672/- .....

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..... sessee company, but by the other company who rendered maintenance services and received the maintenance charges. It is also worthwhile to note that the income returned by the assessee-company in the same fashion in the assessment year 2010-11 and 2011-12 have been accepted by the Assessing Officer vide assessment order u/s. 143(3) dated 08.02.2013 and 06.01.2014 (Copy placed before us) and the nature of business of assessee's subsidiary company stands depicted from their assessment order dated 27.02.2015 u/s. 143(3) for A.Y. 2012-13 (Copy placed before us). The ld. CIT(A) has also considered the statement of Income and Income Tax Return filed by M/s. IHDP Home Interiors Exports Parks Pvt. Ltd. for the year under consideration. The learn .....

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..... that both the Companies are separate and the respondent assessee company is the service provider and has installed various equipments including lift, generators for the building in question and a separate agreement was entered with the tenant for providing the maintenance. A finding has also been recorded that in the Assessment Year 2010-11 and 2011-12 the Assessing Officer by assessment orders made under Section 143(3) of the Income Tax Act dated 8 February 2013 and 6 January 2014 respectively accepted the income of the respondent-assessee company on similar set of facts after due consideration. The finding recorded by the Tribunal referred to above is based on a consideration of relevant facts and no perversity could be pointed out. N .....

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