TaxTMI 
TaxTMI 
2011 (11) TMI 459
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....6-97 on 31.3.1997. The return was assessed in the status of AOP. The return was processed under Sec. 143(1) of the Act and since it was found that the assessee had rental income which is assessable under the head 'Income from house property' and assessee has shown the income under the head 'other sources' and had claimed expenses. The assessment was reopened by the Assessing Officer by order dt. 8.3.2002. During the assessment year 1995-96, 1996-97 and 1997-98 also the income was shown as income from other sources which according to the Assessing Officer, was the income from house property and was shown as income from other sources and assessment was reopened by the Assessing Officer by order dt. 8.3.2002 and rejected the claim of the asses....
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....ated as license fee during the current assessment year and brought to tax under the head "Income from other Sources" and not under the head "Income from house property" as declared by the assessee during the assessment year 1998-99? (2) Whether the Appellate Authorities were correct in holding that reopening of assessments were not correct, despite the reopening having taken place due to the admission made by the assessee during the assessment year 1998-99? 5. Learned counsel appearing for the appellants submitted that the licensing agreement will, clearly show that it was a case of leasing of the schedule premises and furnitures and fixtures and the premises as described in the schedule have been let out to the licensee. Theref....
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....e agreement, wherein the licensee is put in possession of the premises and fixtures as per the license and the rent fixed is in respect of fixtures and premises and is inseparable. The third condition is not satisfied. 6. Learned counsel appearing for the respondent submitted that since the date of agreement income received under the said agreement is shown as income from other sources and has been accepted and reopening of the assessment only on the ground that during the earlier year 1998-99 income has been shown as income from house property would not be a ground to reopen the assessment as the terms of the agreement entered into subsequent to 31.3.1997 is entirely different from the terms of the agreement in the agreement dt. 1.4.199....
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....e scheduled property for the improper use, negligence or inadvertent use by the LICENSEE and or/its workmen, all such damages and repairs to the scheduled property shall be attended to by the LICENSOR, then the LICENSEE shall reimburse all such amounts to the LICENSOR. 12. The LICENSEE shall bear all the regular maintenance expenses to run the business effectively in respect of Assets taken on License from the LICENSOR. However, expenses in respect of sanitary and plumbing works, building repairs, repairs to boilers and bore wells, annual painting expenses of the hotel building and repairs to furniture shall be borne by the LICENSOR," 9. It is clear from the above said clauses that the intention of the parties while entering into the ....