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of <h1>Income from IT Park Classified as Business Income: Tribunal Upholds CIT(A) Order</h1> <h3>ACIT-3 (1) (2), Mumbai Versus M/s. Faery Estates Pvt. Ltd.,</h3> ACIT-3 (1) (2), Mumbai Versus M/s. Faery Estates Pvt. Ltd., - TMI Issues Involved:Appeal against order of CIT(A) treating income from IT Park as business income and allowing certain expenses under IT Act.Issue 1 - Treatment of Income from IT Park:The Revenue appealed against CIT(A)'s order treating income from operation and maintenance of Information Technology Park as 'Profits and Gains of business or profession' instead of 'Income from House Property'. The AO initially assessed the income as 'income from house property' due to the absence of leasing out in the object clause of the company's Memorandum of Association. However, CIT(A) reversed this decision, emphasizing compliance with Section 22 criteria. The AR argued that the company's main object clause included leasing activities, supported by lease agreements and balance sheet details. The AR referenced relevant case law and circulars to assert that the income should be classified as business income. The Tribunal upheld CIT(A)'s decision, noting the business nature of the company, lease agreements, and compliance with Section 22 criteria.Issue 2 - Allowance of Operating Expenses:The Revenue also challenged CIT(A)'s allowance of operating expenses, administrative expenses, and depreciation under Section 37 of the IT Act, considering the income as 'income from house property'. However, since the Tribunal upheld CIT(A)'s decision on the classification of income as business income, the challenge on the allowance of expenses became infructuous. Consequently, the Tribunal dismissed the appeal on this ground as well.Conclusion:Both appeals by the Revenue against the CIT(A)'s order were dismissed by the Tribunal, affirming the treatment of income from the IT Park as business income and the allowance of related expenses. The Tribunal emphasized the company's business nature, lease agreements, and compliance with Section 22 criteria in determining the classification of income.
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