TaxTMI 
TaxTMI 
2015 (10) TMI 2743
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....nst the order of CIT(A), Mumbai, dated 13-4-2010, for the assessment year 2006-07, in the matter of order passed u/s.143(3) of the I.T.Act, wherein following grounds have been taken by the revenue :- "On the facts and in the circumstances of the case and in law, the Ld. CIT(A) erred in holding that Business Centre Service Charges of Rs. 52,89,000/- should be treated as "Business Income" instead o....
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.... the assessee was income from business after having the following observations :- " 3.7 the submission has been considered. The Assessing Officer has given importance to the words used in documents furnished to bank to conclude that the receipts were rent. The appellant's submission that this cannot be the sole criterion is accepted. Where a receipt is a business receipt or a receipt from mere l....
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....s for the purposes of business activities during hours of day fixed in the agreement. The premises are in the control of the appellant. The appellant had to provide services as per the agreement for which personnel on permanent basis were to be employed. Hence, management and administration of the mall vested with the appellant. Thus, the appellant was a property manager rather than a passive owne....
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.... assessee and PRIL, the CIT(A) recorded finding that the assessee has granted permissive use of the services and facilities provided in the premises by the assessee. The Conductor has no right of occupancy, but only limited access for the purposes of business activities during hours of day fixed in the agreement. We also found that the premises are in the control of the assessee and the assessee i....