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Income Tax - Highlights / Catch Notes

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Correct head of income - Income from leasing or letting out the ...


Court Rules Leasing Income from Malls as Business Income Due to Company's Primary Business Objective.

April 19, 2024

Case Laws     Income Tax     HC

Correct head of income - Income from leasing or letting out the properties in shopping-cum-entertainment Mall - “income from business” or “income from house property” - After careful consideration, the High Court affirmed the decision of the CIT(A) and the ITAT that the income derived from leasing out properties in the mall should be categorized as "income from business." The Court noted that the assessee company's main object, as per its Memorandum of Article and Association, involved various business activities related to owning, leasing, and managing properties like multiplexes, cineplexes, and shopping malls. Therefore, the income from leasing out properties in the mall constituted income from business under Section 28 of the Income Tax Act.

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