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Tax Publishers Income from letting of mall whether income from house property or business income *Facts:* Assessee was the owner of a mall and had offered income from letting of the mall as business income. Revenue's contention was that it was income from house property. On appeal CIT(A) agreed with the contention of the assessee based on past year disclosures. On further appeal - Held against the revenue that the income from letting of malls was business income. *Applied:* Own case - Honble ITAT for assessment years 2010-11 to 2013-14 vide ITA No. 3560/Ahd/2015 and ITA No.135/Ahd/2018. CIT v. E City Real Estate (P.) Ltd. (2018) 100 taxmann.com 94 (SC) : 2018 TaxPub(DT) 7732 (SC), CIT v. Oberon Edifices & Estates (P) Ltd, reported in (2019) 103 taxmann.com 413 (Kerala) : 2019 TaxPub(DT) 1869 (Ker-HC) Chennai Properties & Investments Ltd. (2015) 56 taxmann.com 456 (SC) : 2015 TaxPub(DT) 2180 (SC) Rayala Corporation (P.) Ltd. (2016) 72 taxmann.com 149 (SC) : 2016 TaxPub(DT) 3682 (SC) *Ed. Note:* The department is in higher appeal on the verdict of ITAT of earlier years. The scheduler system of taxation was endorsed by the Apex court judgments of Sultan Brothers v. CIT, (1964) 51 ITR 353 (SC) : 1964 TaxPub(DT) 0259 (SC) and East India Housing and Land Development Trust Ltd. v. Commissioner of Income Tax (1961) 42 ITR 49 (SC) : 1961 TaxPub(DT) 0132 (SC) on this conundrum. The law has since then got diluted with a number of judgments going against these verdicts. *Case:* DCIT v. Gulmohar Park Mall (P) Ltd. 2023 TaxPub(DT) 3810 (Ahd-Trib)

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Income from letting of mall whether income from house property or business income

Facts:

Assessee was the owner of a mall and had offered income from letting of the mall as business income. Revenue's contention was that it was income from house property. On appeal CIT(A) agreed with the contention of the assessee based on past year disclosures. On further appeal -

Held against the revenue that the income from letting of malls was business income.

Applied:

Own case - Honble ITAT for assessment years 2010-11 to 2013-14 vide ITA No. 3560/Ahd/2015 and ITA No.135/Ahd/2018.

CIT v. E City Real Estate (P.) Ltd. (2018) 100 taxmann.com 94 (SC) : 2018 TaxPub(DT) 7732 (SC),

CIT v. Oberon Edifices & Estates (P) Ltd, reported in (2019) 103 taxmann.com 413 (Kerala) : 2019 TaxPub(DT) 1869 (Ker-HC)

Chennai Properties & Investments Ltd. (2015) 56 taxmann.com 456 (SC) : 2015 TaxPub(DT) 2180 (SC)

Rayala Corporation (P.) Ltd. (2016) 72 taxmann.com 149 (SC) : 2016 TaxPub(DT) 3682 (SC)

Ed. Note: The department is in higher appeal on the verdict of ITAT of earlier years. The scheduler system of taxation was endorsed by the Apex court judgments of Sultan Brothers v. CIT, (1964) 51 ITR 353 (SC) : 1964 TaxPub(DT) 0259 (SC) and East India Housing and Land Development Trust Ltd. v. Commissioner of Income Tax (1961) 42 ITR 49 (SC) : 1961 TaxPub(DT) 0132 (SC) on this conundrum. The law has since then got diluted with a number of judgments going against these verdicts.

Case: DCIT v. Gulmohar Park Mall (P) Ltd. 2023 TaxPub(DT) 3810 (Ahd-Trib)