9911796707
TMI Blog2021 (9) TMI 1254X X X X Extracts X X X X X X X X Extracts X X X X ..... during the year under consideration. The return of income was filed declaring a total income of Rs. 7,53,89,757/- and the assessment was completed at an income of Rs. 9,61,78,829 after making an addition of Rs. 2,09,41,942/- on account of common area maintenance charges and further addition of Rs. 6,47,130/- on account of lease rental paid to NOIDA authority. 3. Aggrieved, the assessee approached the Ld. First Appellate Authority who deleted both the additions and decided the appeal in favour of assessee. Aggrieved, the department has now approached this Tribunal and has challenged the deletion by the Ld. CIT(A) by raising the following grounds of appeal:- 1. "The Ld. CIT(A) erred in directing the AO to treat Rs. 2,01,41,942/- being com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ncome from business". The Ld. AR further submitted that the assessee's appeal before the Ld. CIT(A) for the captioned assessment year was allowed by following the first appellate order for assessment year 2013-14. It was submitted that since the issue is covered in favour of the assessee and against the department the appeal of the department should be dismissed. 5. Per contra, the Ld. Sr. DR placed reliance on the order of assessment. 6. We have heard the rival submissions and have also perused the material on record. We agree with the contention of the Ld. AR that the issues raised by the department in the present appeal stand decided against the revenue are in favour of the assessee by the order of this Tribunal in the immediately ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ount of rent as well as maintenance charges were liable to be taxed under the head 'Income from house property'. The Assessing Officer rejected the claim of the assessee to treat the receipts on account of maintenance agreement as rental income and taxed the same under the head 'Income from other sources'. In the case in hand the assessee is showing receipt as 'Business income'. 17. The Hon'ble High Court of Bombay in the case of Runwal Developers Pvt. Ltd. 115 Taxmann.com 196 has held that maintenance charges received were towards maintenance and promotion of common area and the amounts received towards maintenance charges were business receipts liable to be assessed under the head 'Income from business ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
