2016 (6) TMI 1239

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.... two storey building at MIDC, Andheri and the same has been let out to Fullerton India Ltd on leave and licence basis. The assessee entered into two agreements with its tenant, one for letting out the premises and the other one for providing various amenities, such as security services, car parking, pantry service, maintenance of building, incurring electricity expenses and receiving reimbursement of the same. The assessee offered rental income under the head Income from House property and the income received towards amenities as Business income. The AO assessed the income received towards amenities also under the head Income from house property. The Ld CIT(A) confirmed the same and hence the assessee has filed this appeal. 3. The Ld A.R....

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....o 2011-12 shall not be binding on him, particularly when he is following the decision rendered by the Hon'ble Supreme Court. 5. I have heard rival contentions and perused the record. I notice that the Ld CIT(A) has considered this issue and has decided as under:- Ground Nos. 1 & 2 are regarding the treatment of income of rent from the immoveable property of the appellant company. The AO has treated the same as income from house property on the ground that during the year under consideration the appellant has earned income only from letting out its property along with some furniture and fixtures to other persons, therefore, the income earned by it is taxable under the head income from house property. On the other hand, it is the ....

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....refore, under these circumstances, the AO has correctly taxed the income under the head house property. It is immaterial if the property was rented out as a bare property or it also include some furniture and fixtures along with the property so that it can fetch higher rent. It is also immaterial if the appellant has shown rental income in one head or separate heads i.e. rent for property and amenity. Since the primary object is to earn rent by exploitation of property with some assets in form of furniture and fixtures, the AO has correctly axed in as income from house property. The action of the A.O. is confirmed. 6. I further notice that the assessee has let out the two storey building to only one tenant. The nature of amenities claime....