Maker Tower Premises Co-Op. Society Ltd. v. Asstt. CIT [ITA No. 1661/Mum/2019, dt. 4-1-2021] : 2021 TaxPub(DT) 168 (Mum-Trib)

Income from renting of terrace for erection of mobile antenna tower -- Income from other sources or house property?

Facts:

Assessee a housing co-operative society had let out its terrace to Reliance Infratel to erect its mobile antenna tower. It was the case of the department that the same be taxed as income from other sources as what was seen from the alleged agreement was that the assessee would maintain the tower etc. and provide infrastructure to the same. On appeal Commissioner (Appeals) upheld views of the assessing officer. On further appeal --

Held in favour of the assessee that the letting out was in relation to land and land appurtenant thereto thus was income from house property.

Applied:

Manpreet Singh v. ITO, (2015) 53 taxmann.com 244 (Delhi-Trib.) : 2015 TaxPub(DT) 0539 (Del-Trib)

Against:

Mukherjee Estates (P.) Ltd. v. CIT (2000) 244 ITR 1 (Cal) : (2000) 113 Taxman 313 (Cal) : 2000 TaxPub(DT) 1284 (Cal-HC)