2013 (7) TMI 973

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....r the Respondent : Nikhil Pathak ORDER G. S. Pannu (Accountant Member) This appeal by the Revenue is directed against an order of the Commissioner of Income Tax (Appeals)-II, Pune dated 30.01.2012 which, in turn, has arisen from an order dated 30.12.2010 passed by the Assessing Officer, under Section 143(3) of the Income-tax Act, 1961 (in short "the Act"), pertaining to the assessment yea....

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....e IT Park, was given for use to various software/other companies and assessee earned license fee in return. The assessee explained that its act of renting out the premises in 'Cyber City' is not a simple lease as it was providing a package of services to its licensees along with making the premises available for use. The earning of the license fee was claimed to be taxable as 'business income'. Th....

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....2 (supra), a copy of the said order has also been placed on record at the time of hearing before us. 5. We have carefully considered the rival stands and also the precedent in the assessee's own case dated 18.09.2012 (supra). The relevant operative portion of the order of the Tribunal dated 18.09.2012 (supra) is as under :- "In this background, it is clear that assessee has provided va....

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....ncome from house property. It is certainly a constitution of organized structure for carrying out business activities. Section 22 provides only for rental income out of building or land appurtenant thereto, whereas in the case before us, complex and varied services provided and the huge investment therein were in the nature of plant and machinery which could be included within the expression build....