2000 (3) TMI 35

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....e Tribunal has referred the following question for our opinion : "(1) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the sum of Rs. 51,864 received by the assessee from letting out of floor space and wall space on the roofs of the house properties to advertising agencies for putting up hoardings for display of advertisements was income ass....

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....ma hall, service charges, realised from the various house properties and share dealing. During the course of the assessment, the Income-tax Officer has also noticed that the assessee has realised, inter alia, a total sum of Rs. 51,864 on account of display of hoardings of various concerns on top of the assessee's building for advertisement purpose. The Income-tax Officer did not treat the realisat....

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....ot form part of the building which is separable from the cinema hall and other parts of the building. None appeared for the Revenue. Learned counsel for the assessee submits that the assessee has let out the roof for advertisement for hoarding and advertisement. Therefore, the income should be assessed as income from house property. A query was put to him whether there was an agreement to this ....