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TMI Blog2021 (8) TMI 150X X X X Extracts X X X X X X X X Extracts X X X X ..... ER THE HEAD "INCOME FROM OTHER SOURCES" 1.1 On the facts and in the circumstances of the case and in law, the learned Commissioner of Income Tax (Appeals)-28, MUMBAI [CIT (A)] erred in confirming the additions made by the learned Assessing Officer by computing income from renting of terrace under the head 'Income from Other Sources' as against the same offered by the appellant under the head 'Income from House Property' resulting into an addition for a sum of Rs. 3,60,000/ -. 1.2 The learned CIT (A)-28, and the learned Assessing Officer failed to appreciate the legal position emerging from the related case laws on the issue. 1.3 The learned CIT (A-28, and the learned Assessing Officer erred in disallowing claim for ded ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he A.R. for the assessee, vide letter dated 18th September 2017, stated that it may be noted that Dish Antenna charges should be taxed as income from House Property after considering the deduction available under sections 23 and 24 of the Act. In support of his contention, he relied upon the decision of the Co-ordinate Bench of this Tribunal in Mahalaxmi Sheela Premises CHS Ltd., ITA no.784, 785 & 786/Mum./2010, dated 20th August 2011, as well as the decision of the Hon'ble Jurisdictional High Court rendered in ITA no.3183 of 2020, dated 16th August 2011. The Assessing Officer considered the submissions of the assessee, however, the same was not acceptable to him, as according to him, the receipts do not fall under the head Income From ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sions of the Co-ordinate Bench of the Tribunal in Mahalaxmi Sheela Premises CHS Ltd. v/s ITO, ITA no.784, 785 & 786/Mum./2010, dated 20th August 2011, wherein it has been held that the income on account of hoarding and display from terrace is liable to be taxed as income from house property. As a matter of convenience, we reproduce below the relevant portion of the findings of the Co-ordinate Bench in Mahalaxmi Sheela Premises CHS Ltd. (supra):- 2. "We have heard the learned Counsel, Mr. Hiro Rai, on behalf of the assessee and the learned Departmental Representative, Mr. P.C. Mourya, on behalf of the Revenue. 3. In the appeal for assessment year 2000-01, the sole issue raised by the assessee is, whether the income received by the assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mplex Premises Co. Op. Society Ltd. v/s ITO, ITA no.2286/Mum./2008, 29.5.2009; * Sharda Chambers Premises Co. Op. Society Ltd. v/s ITO, ITA no.1234/Mum./2008, order dated 1.9.2009; * Matru Ashish CHS Ltd. v/s ITO, ITA no.316/Mum./2010, order dated 27.8.2010; * S. Sohan Singh v/s ITO, 16 ITD 272 (Del.); and * CIT v/s Bajaj Bhavan Owners Premises Co. Op. Society Ltd., Income Tax Appeal no.3183 of 2010 (Bom.) 6. In Bajaj Bhavan Owners Premises Co. Op. Society Ltd. v/s ITO, Mumbai "B" Bench of the Tribunal in ITA no.5048/Mum./2004, assessment year 2001-02 and ITA no.1433/Mum./2007, for assessment year 2002-03 and ITA no.1434/Mum./2007, for assessment year 2003-04, order dated 4th November 2009, has, at Page-16 / Para-36, brought out t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on in the case of S. Sohan v/s ITO (1986) 16 ITD 272 supra, has held vide Para-6 and 7 of its order dated 1.9.2009, as under:- 6. We have carefully considered the submissions of the rival parties and perused the material available on record. We find merit in the plea of the ld. counsel for the assessee that in the case of M/s. Dalamal House Commercial Complex Premises Co. Op. Society Ltd., the Tribunal while admitting the additional ground being a legal issue has also held that the letting out of the terrace erection of antenna and income derived from letting out has to be taxed as "income from house property" and not as "income from other sources". The Tribunal while deciding the issue has followed the order of the Tribunal in the case o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the appeals against the said decisions have not been filed by the Revenue in view of the smallness of the tax effect. However, the counsel for the revenue is not in a position to point out any error in the orders passed by the ITAT. In this view of the matter, we see no reason to entertain the appeal on question (c). In the result, the appeal is dismissed with no order as to costs." 9. Keeping in view of the aforesaid binding judgment of the Hon'ble Jurisdictional High Court, we set aside the impugned order passed by the Commissioner (Appeals) and allow this ground raised by the assessee directing the Assessing Officer to assess the income in question under the head "Income From House Property". 8. Since the issue in hand is squar ..... X X X X Extracts X X X X X X X X Extracts X X X X
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