9911796707
TMI Blog2016 (1) TMI 1392X X X X Extracts X X X X X X X X Extracts X X X X ..... ollowing grounds have been raised : "1. The Commissioner of Income-tax (Appeals)-32 ("CIT(A)") erred in confirming the action of the Assistant Commissioner of Income-tax- 21(1) ("A.O") in treating income received in respect of the Amenities Agreement with the lessee of the premises under the head 'Income from Other Sources' instead of 'Income from House Property', as claimed by the Appellant. 2. In the facts and circumstances of the case and in law, the CIT (A) ought to have held that such income received under the Amenities Agreement was assessable under the head 'Income from House Property' only, along with the rental income received under the Lease Agreement with the lessee for the same premises. 3. The Ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ut its property. It had developed a property in Vile Parle (East), Mumbai comprising of 6 floors of office space and had entered into two separate agreements, one being "Indenture of Lease" and other being "Amenities Agreement" with the lessee, HSBC Bank. As per the amenities agreement, monthly charges of Rs. 53,16,700/- for each of the 36 months was to be received by the Assessee. The Assessee had not bifurcated the rental income and the receipts from amenities charges as separate source, but had treated the entire income under the head 'income from house property'. The Assessing Officer held that the "amenities charges" received would be taxed as 'income from other sources'. Before the Ld. CIT(A) the Assessee had made a very detailed subm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... same facts, therefore, the same decision should be followed in this year also. 7. After considering the rival contentions and on perusal of the impugned order, we find that the only issue involved qua ground no. 1 is, whether the receipts from "amenities agreement" from HSBC Bank is to be assessed as 'income from other sources' or as 'income from house property'. As admitted by the Ld. Counsel, this issue had come up for consideration before the Tribunal in ITA Nos. 7497/Mum/2012 and 170/Mum/2013 for the A.Y 2009-10, wherein the Tribunal vide order dt. 29.5.2015 has decided this issue after considering the decisions relied upon by the ld. Counsel in the following manner : "5. Per contra, the ld. DR strongly supported the orders of the R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the amenities charges received by the Assessee is to be assessed under the head 'income from other sources'. Accordingly, ground no. 1 raised by the Assessee is treated as dismissed. 8. As regards ground no. 2, wherein the Assessee has raised the alternative plea that the municipal taxes paid should be allowed against 'income from other sources' instead of 'income from house property', it has been again admitted by both the parties that this issue too has been decided against the Assessee by the Tribunal vide same order. The relevant finding of the Tribunal in paragraphs 6 & 7 are reproduced hereunder : "6. Ground No. 2 is an alternate plea by which the assessee has claimed that the amenities charges received by it should be treated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d. CIT(A) has erred in not considering that the assessee had shown income from space utilization of theater property but not from conducting of cinema business and that the expenses claimed does not relate to theater business." 11. As regards ground nos. 1 & 2, it has been admitted by both the parties that the same is covered in favour of the Department by the Tribunal order for A.Y 2009-10 (supra), whereby the Tribunal has decided this issue in para 13 after observing and holding as under : "13. We have given a thoughtful consideration to the rival submission and have carefully perused the orders of the authorities below. As discussed elsewhere, we have held that the amenities charges have to be taxed under the head of 'income from oth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me received from providing space and facilities for hosting functions for HSBC Bank. The Assessing Officer held that the Assessee had received hire charges from cinema hall which cannot be treated as business income, therefore, such an expenditure cannot be allowed. On this issue, we find that the Tribunal has set aside this issue to the file of the Assessing Officer with certain directions as given in para 17, which for the sake of ready reference is reproduced hereinbelow. "17. We have carefully perused the documentary evidences brought on record before us and referred to. In our considered opinion, there appears to be conflict in these documentary evidences, therefore, in the interest of justice, we restore this issue to the file of th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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