2018 (6) TMI 745

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....irming the action of the AO in treating the maintenance charges as property income as against income from other sources. 1.2 The CIT (A) erred in not following the orders of the Hon'ble Tribunal for the earlier years. 2. The CIT (A), having held that maintenance charges is income from other sources, erred in not allowing depreciation claimed in respect of firefighting and lift equipments. 3.1 The CIT (A) erred in confirming the disallowance of miscellaneous expenses of Rs. 3.15 Crores paid to M/s. Aban Hotels and Resorts Pvt. Ltd. 3.2 The CIT (A) omitted to see that this is purely a business expenditure rightly allowable as revenue expenditure. 3.3 The CIT (A) erred in merely following the case laws relied on by the Assessing....

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.... charges. The Assessing Officer treated the entire income under single head i.e. 'income from house property' and restricted the expenses as per. sec.24 of the Act. He submitted that the income has to be assessed under two heads as above and admissible deduction has to be given. He relied On the judgment of the Hon'ble Jurisdictional High Court in the case of Tarapore & Co. v. CIT reported In 259 1TR 389 and In the case of Attukal Shopping Complex P. Ltd. v. CIT (259 JTR 567)(Ker.) and the Asessee's own reported in 227 1TR 325 (Mad) and submitted that the Department has accepted this method of treatment of income for the Asst. Year 2002-03 and 2003-04. The learned Departmental Representative relied on the order of the CIT(Appeals). 81. A....

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....Nos.347, 573 & 1697/Mds./1997 dated 23.02.2004 for assessment years 1991-92 & 1993-94 wherein the issue has been restored to the file of ld. Assessing Officer for re-adjudication. 7. We have considered the rival submissions. As it is noticed that the issue of amenity charges have been remitted back to the file of ld. Assessing Officer for re-adjudication and the said amenity charges includes the charges in respect of lift equipments and fire fighting equipments etc., we are of the view that respectfully following the decision of Co-ordinate Bench of this Tribunal in assessee's own case referred to supra, this issue is also restored to the file of ld. Assessing Officer for re-adjudication after granting of adequate opportunity of being ....

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....e rival submissions. Admittedly, the MOU has been entered into by the assessee with M/s.Aban Hotels & Resorts (P) Ltd., for the establishment, ownership and operation by the parties of one or more joint venture companies. As per the MOU, assessee was holding 50% of shares in the joint venture and balance 50% was held by M/s.Aban Hotels & Resorts (P) Ltd. The Phase-I development comprises the integrated tourism related Deluxe Five Star Hotel of International standard of about 300 rooms, a Modern Shopping Mall with various facilities for Shopping, Office Space, Entertainment Outlets etc. The assessee was to provide the land on lease basis to the joint venture company for an initial period of 30 years. Thus clearly the MOU has been entered int....