2015 (3) TMI 320

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....For the Respondent : Mr. R Vijayaraghavan for M/s.Subbaraya Aiyar Padmanabhan ORDER (Judgment of the Court was delivered by R. Sudhakar,J.) The above Tax Case (Appeals) filed by the Revenue as against the order of the Income Tax Appellate Tribunal were admitted by this Court on the following substantial question of law: "Whether on the facts and in the circumstances of the case, the In....

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....nal. 3. The Tribunal, after considering the logistics services provided by the assessee, in paragraph Nos.15 and 16 came to the conclusion that the nature of receipts is not rental receipt, but business income. The Tribunal further found that the assessee company had approached its business by making use of the godown in a novel way, which is not merely a case of letting out on rent. In paragra....

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....iness only. The action of the authorities to charge under rental receipt under the head "property" is not justified as there is no fiduciary relationship of either landlord and tenant or licensor and licencee. For the above foregoing reasons, we set aside the orders of the authorities below and allow the claim of the assessee." 5. Aggrieved by this order of the Tribunal, the Revenue is before t....