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TMI Blog2021 (7) TMI 967X X X X Extracts X X X X X X X X Extracts X X X X ..... THE HON'BLE MRS.JUSTICE R.HEMALATHA For the Appellant : Mr.T.R.Senthil Kumar (in both TCAs) Senior Standing Counsel and Mrs.K.G.Usha Rani Junior Standing Counsel For the Respondent : Mr.Siddharth Govind (in both TCAs) for Nithayesh Vaibhav JUDGMENT (Judgment was delivered by M.DURAISWAMY, J.) Challenging the orders passed in I.T.A.Nos.1901/Mds/2012 and C.O.No.193/Mds/2012 in I.T.A.No.1901/Mds/2012 in respect of the Assessment Year 2009-10 on the file of the Income Tax Appellate Tribunal, Chennai, C Bench, the Revenue has filed the above appeals. 2.The only issue in the appeals of the Revenue is that the Income Tax Appellate Tribunal erred in holding that the lease rent income received from letting out mod ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in holding that the income derived from letting out of property to the tenants for the purpose of running a software technology park is 'income from business'? 3.When the appeal is taken up for hearing, Mr.M.Swaminathan, learned Senior Standing Counsel for the appellant/Revenue fairly submitted that the issue involved in the above appeal has already been decided by the Hon'ble Division Bench of this Court, by its Judgment dated 07.07.2020 in T.C.A. No.732 733 of 2018, wherein the Hon'ble Division Bench held as follows:- 8.So far as Substantial Question of Law No.1 is concerned, it has to be seen as to whether the income derived from letting out of the property in an industrial park/SEZ including the amenities ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... business income and if receipts does not fall in any of those classified heads, would fall consideration under the residuary head of income as income from other sources. 11.After referring to the decision in the case of CIT Vs. Chennai Properties and Investments Limited, reported in (2005) 274 ITR 117, it was pointed out that income derived from letting out of the property with all amenities and facilities would be income from business and cannot be assessed either as income from house property or as income from other sources. The said decision of the Hon'ble Division Bench was appealed against by the revenue before the Hon'ble Supreme Court in SLP No.11638 of 2013 and we are informed that the appeal was dismissed on 27.01.20 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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