2015 (4) TMI 869

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....income is to be treated as income from business. 2. Assessee is a private limited company carrying on the business of establishing facilities as are available in an information technology park and providing such facility to IT industry and similar commercial facilities to hotels, commercial complexes in an integrated manner, so that the user from whom the assessee derives income can walk in and plug in and commence business operations straight away without doing anything more. In effect, it provides readymade, fully operational infrastructure facilities, so that the business entrepreneur with the necessary expertise can straight away without ado operate its business. 3. The document executed in this regard was styled as a deed of leas....

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....operty'. 6. Identical question arose for consideration before this Court in ITA No.73/2014 which was decided on 01.04.2014, wherein following the judgment of this Court in the case of CIT v. Velankani Information Systems (P.) Ltd. reported in [2013] 218 Taxman 88 (Karnataka), this Court observed as under: "26.... ... ... If the intention is to exploit commercial property by putting up construction and letting out for the purpose of getting rental income, then notwithstanding the fact that the furniture and fittings are provided to the lessee, the income from the building fall under the head 'income from house property'. But if the assessee is in the business of taking land, putting up commercial buildings thereon and letti....