Rental income from premises leased out to tenants registered under Software Technology Parks

IT: Rental income from premises leased out to tenants registered under Software Technology Parks Scheme with amenities/services by way of standby power (DG set), air conditioning water, etc., was assessable as income from house property and not as business income
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[2014] 51 taxmann.com 52 (Mumbai - Trib.)
IN THE ITAT MUMBAI BENCH 'J'
JST Realty (P.) Ltd.
v.
Deputy Commissioner of Income-tax, 10(1), Mumbai*
D. MANMOHAN, VICE-PRESIDENT
AND SANJAY ARORA, ACCOUNTANT MEMBER
IT APPEAL NO. 3974 (MUM.) OF 2011
[ASSESSMENT YEAR 2007-08]
SEPTEMBER  10, 2014
Section 22, read with section 28, of the Income-tax Act, 1961 - Income from house property - Chargeable as (Section 22 v. Section 28) - Assessment year 2007-08 - Whether income from premises leased out to tenants registered under Software Technology Parks Scheme with amenities/services, namely, standby power (DG set), air conditioning, water, etc., was assessable as income from house property and not as business income - Held, yes [Para 4.4][In favour of assessee]
Section 80-IA of the Income-tax Act, 1961 - Deductions - Profits and gains from infrastructure undertakings (Infrastructure undertaking) - Assessment year 2007-08 - Whether an income has to be first assessable under section 28 for it to be considered for being exigible to deduction, as per section 80-IA(4) - Held, yes [Para 4.6] [Matter remanded]
Circulars and Notifications : Notification No. 191/2006, dated 24-7-2006