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ITAT held that receipts under a Leave and Licence/Agreement for Facilities and CAM charges are taxable under "Income from Business", while rent is taxable under "Income from House Property", and directed the AO to compute income accordingly. The Tribunal restored the municipal tax deduction under the proviso to s.23 to the AO for verification of taxes actually paid. Deductions for interest (including pre-EMI) and for insurance premium conditioned by a loan were remitted to the AO: the insurance premium was held allowable as business expenditure, while interest and TDS-compliance issues were reopened to permit the assessee to file requisite evidence. The addition to annual let-out value for rent to a related party was remitted for comparability verification. Appeal allowed for statistical purposes.
ITAT held that receipts under a Leave and Licence/Agreement for Facilities and CAM charges are taxable under "Income from Business", while rent is taxable under "Income from House Property", and directed the AO to compute income accordingly. The Tribunal restored the municipal tax deduction under the proviso to s.23 to the AO for verification of taxes actually paid. Deductions for interest (including pre-EMI) and for insurance premium conditioned by a loan were remitted to the AO: the insurance premium was held allowable as business expenditure, while interest and TDS-compliance issues were reopened to permit the assessee to file requisite evidence. The addition to annual let-out value for rent to a related party was remitted for comparability verification. Appeal allowed for statistical purposes.
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