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TMI Blog2017 (5) TMI 1479X X X X Extracts X X X X X X X X Extracts X X X X ..... le an affidavit clarifying the above position within two weeks with an advance copy to the counsel for the Revenue who is permitted to respond thereto before the next date of hearing. Rent receipt from DLF Centre which also includes air conditioning charges - ‘Income from House property’ or - ‘income from other sources’ - Held that:- The position that Assessee is not claiming the depreciation on the airconditioning plant to the extent it is used for letting out the air-conditioned building. Accordingly question (v) is answered in favour of the Assessee and against the Revenue by holding that the rent receipt from DLF Centre which also includes air conditioning charges is ‘Income from House property’. - ITA 407/2009 - - - Dated:- 18-5-20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nown as DLF city by dividing the end of the year by saleable area including lands earmarked for schools, hospitals, clubs and other community building, in each phase? (iv) Whether the CIT (A) erred in law in allowing the depreciation on DLF Centre amounting to ₹ 43,17,018/- in respect of its self-occupied portion? (v) Whether the CIT (A) erred in law in directing the AO to assess the rent receipts form DLF Centre which also includes air conditioning charges as Income from House Property? 3. As far as first three questions are concerned, they stand answered in favour of the Assessee and against the Revenue by the order dated 21st December, 2016 passed by this court in ITA No. 159 326 of 2010 for the AY 1994-1995. 4. Issu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s attracted since what has been let out is not just the building but the air conditioned plant, the income derived therefrom has to be treated as income from other sources. 10. In reply, it is pointed out by Mr. Ajay Vohra, learned Senior counsel for the Assessee that what is actually let out is the space in air conditioned building. 11. No doubt air conditioning charges is collected but there is no separate letting out of the air conditioning equipment. In that view the matter of Section 52 (2) (iii) of the Act is not attracted. Consequently, Question (v) stands answered in the negative i.e. in favour of the Assessee and against the Revenue. 12. It was contended by both Mr Ashok Manchanda and Mr Dileep Shivpuri that the Assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not claim any depreciation, and also added back the repairs and maintenance expenditure incurred in respect thereof, which stood debited to the profit loss account it computed the income from rent as income from house property, thereby claiming 1/5th of the annual letting value for repairs and collection charges. 13. This clarifies the position that Assessee is not claiming the depreciation on the airconditioning plant to the extent it is used for letting out the airconditioned building. Accordingly question (v) is answered in favour of the Assessee and against the Revenue by holding that the rent receipt from DLF Centre which also includes air conditioning charges is Income from House property . 14. List on 14th July, 2017 for co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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