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TMI Blog2022 (4) TMI 1633X X X X Extracts X X X X X X X X Extracts X X X X ..... aintenance charges and air conditioning hire charges should be treated as business income, it should not be treated as business income as it is covered by the Judgement of this Court in the case of Tarapore Co. [ 2002 (8) TMI 47 - MADRAS HIGH COURT] wherein this Court has held that Service charges received from tenants are liable to be assessed as income from other sources and not as income from house property . Decided in favour of Revenue. - THE HONOURABLE MR. JUSTICE R. MAHADEVAN AND THE HONOURABLE MR. JUSTICE J. SATHYA NARAYANA PRASAD For the Appellant : Mr. R. Vijaya Narayanan for Mr. Subbaraya Aiyar Padmanabhan For the Respondent : Mr. T. Ravikumar JUDGMENT (Judgment of the Court was made by R. MAHADEVAN, J.) The present Tax Case Ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 02.2020 in T.C.A.No.67 of 2020, the relevant paragraphs of which are usefully reproduced hereunder: 3. This Tax Case Appeal is admitted on the following substantial question of law: Whether on the facts and circumstances of the case, the Tribunal was justified in upholding the assessment of the Income received by the appellant by a) leasing and renting of immovable properties with all infrastructural facilities with providing maintenance and related activities of the said immovable properties and b) maintenance charges and air conditioning hire charges as income from house property and not income from business, having regard to the fact that the appellant company is pursuing the main object of the company as provided in the Memorandum and O ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rty should be treated as business income. Hence, the question of law viz., 1(a) is answered in favour of the assessee. 7. With regard to question of law viz., 1(b) as to whether income from maintenance charges and air conditioning hire charges should be treated as business income, it should not be treated as business income as it is covered by the Judgement of this Court in the case of Tarapore Co. Vs. Commissioner of Income Tax reported in (2002) 70 CCH 0748 Chen HC , (2003) 180 CTR 0472 : (2003) 259 ITR 0389: (2002) 125 TAXMAN 0446 wherein this Court has held that Service charges received from tenants are liable to be assessed as income from other sources and not as income from house property . Hence, the question of law viz., 1(b) is ans ..... X X X X Extracts X X X X X X X X Extracts X X X X
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