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TMI Blog2018 (12) TMI 314X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee. We thus finding ourselves as being in agreement with the view taken by the Tribunal in the assesses own case for the aforementioned years viz. A.Y. 2009-10 and A.Y. 2010-11, respectfully follow the same. - decided in favour of revenue. - ITA No. 5449/Mum/2017 - - - Dated:- 28-11-2018 - Shri Pradip Kumar Kedia, Accountant Member And Shri Ravish Sood, Judicial Member For the Appellant : Shri V. Vidhyadhar, D.R For the Respondent : Shri Jishaan Jain, A.R ORDER PER RAVISH SOOD, JM The present appeal filed by the revenue is directed against the order passed by the CIT(A)-37, Mumbai, dated 28.06.2017, which in turn arises from the order passed by the A.O under Sec. 143(3) r.w.s. 147 of the Income Tax Act, 19 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8,00,004/- as regards the lease and amenities charges received from letting out its property situated at Vile Parle (East), Mumbai to HSBC during the year. It was observed by the A.O that the assessee firm had entered into two different agreements with HSBC bank for the lease rentals and amenities charges for letting out its aforesaid property. The lease agreement was entered into by the assessee with HSBC for the Ground to 5th Floor on 28.02.2007 and for the 6th Floor on 28.03.2008, on the basis of which the assessee firm was in receipt of rent of ₹ 6,60,00,000/- per annum. At the same time, the amenities agreement was entered for the Ground to 5th Floor on 02.03.2007 and for the 6th Floor on 28.03.2008, on the basis of which the ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ee that as the aforesaid agreements were in the nature of composite agreements, therefore, the amount had rightly been clubbed and was shown under the head income from house property . Rather, it was observed by the A.O that the amenities agreement could not be given the color and character as that of a lease agreement , as the same only provided for the terms of sharing of expenditure between the lessor and the lessee. 5. Aggrieved, the assessee carried the matter in appeal before the CIT(A). The CIT(A) observed that a similar issue in the case of the assessee for A.Y. 2009-10 had came up before his predecessor. The CIT(A) adopted the view taken by his predecessor and concluded that the A.O had rightly assessed the amount received by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sessee, at the very outset of the hearing of the appeal fairly stated that the issue involved in the present appeal of the revenue was squarely covered against the assessee. It was submitted by the ld. A.R that the CIT(A) while disposing off the appeal for the year under consideration i.e A.Y 2008-09, had followed the order passed by his predecessor in the assesses own case for A.Y 2009-10. The ld. A.R submitted that the order of the CIT(A) in context of the issue under consideration had been reversed by the Tribunal while disposing off the appeal of the revenue in ACIT-21(1), Mumbai Vs. Camoron Finance and Investments [ITA No. 170/Mum/2013; dated 29.05.2015] (Copy placed on record). It was further submitted by the ld. A.R, that the view ta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Camoron Finance and Investment [ITA No. 4583/Mum/2014; dated 20.01.2016]. We find that in the aforementioned orders the Tribunal had observed that as payment of municipal taxes are directly related to letting out of the property, therefore, the same could not be allowed as a deduction under Sec. 57(iii) for the purpose of earning of amenities charges by the assessee. We thus finding ourselves as being in agreement with the view taken by the Tribunal in the assesses own case for the aforementioned years viz. A.Y. 2009-10 and A.Y. 2010-11, respectfully follow the same. The Grounds of appeal No. 1 and 2 raised by the revenue are allowed in terms of our aforesaid observations. 9. That as the Ground of appeal No. 3 and 4 are general, therefo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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