2026 (3) TMI 314

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....e learned Addl. JCIT(A), Visakhapatnam, erred in directing the Assessing Officer that the income received from Chennai Network Infrastructure Ltd (CNIL) amounting to Rs. 5,77,284/- to be assessed under the head "Income from House Property" instead of "Income from other sources" particularly when the said income was already included in the "Income from House Property" without appreciating that it would amount of double addition. Therefore the said income should be deleted while computing the total income. 2. On the facts and in the circumstances of the case, the said learned Commissioner of Income tax erred not considering the addition of Rs. 4,55,786/- under the head "Income from House Property" particularly the said ground was wro....

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....sessee had originally granted a licence for use of its premises for installation of telecommunication equipment. The Assessing Officer, however, held that the licence agreement did not contain any clause permitting creation of a sub-tenancy and, in the absence of a direct agreement with CNIL, treated the said receipt as income chargeable under the head "Income from other sources". The assessment was accordingly completed under section 143(3) of the Act. 3. In appeal, the learned Commissioner of Income-tax (Appeals) upheld the action of the Assessing Officer in taxing the rental receipts from cellular companies under the head "Income from house property". However, in respect of the amount received from CNIL, the learned CIT(A) accepted th....

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....operty) is not intended to and does not create any other right, title and interest in favour of the Licensee either that of a tenant, sub- tenant, joint or co-tenant or lessee or sub-lessee or otherwise. As the assessee is receiving income from CNIL and no agreement with CNIL is submitted, AO held that the only head under which this income can be offered is Income from Other Sources. 6.2.2 The appellant raised a ground that the Ld. AO erred in treating house property income of Rs. 5,77,284/- as income from other sources. During the appellate proceedings, the appellant submitted that in the original agreements entered with AIRCEL Ltd, " as per company petition No. C.p No 130,110 to 112 of 2010 AIRCEL LTD sold its infrastructure busi....