|CORAM:||A. T. Varkey (JM), Pramod Kumar (AM)|
|SECTION(S):||22, 24, 56|
|CATCH WORDS:||Income from house property, Rent for use of terrace|
|DATE:||January 6, 2015 (Date of pronouncement)|
|DATE:||January 12, 2015 (Date of publication)|
|FILE:||Click here to view full post with file download link|
|S. 22: Rent received from mobile phone company for use of terrace to install antenna is taxable as "Income from house property" and not as "Other sources"|
The true test is whether the space rented out is part of the building or land appurtenant thereto. The rent is not for the antenna but for the space for installation of antenna. It is not the case of the Assessing Officer that the rent is for the antenna, and, therefore, it is wholly irrelevant whether antenna is part of the building or land appurtenant thereto. What is relevant is the space which has been rented out and, therefore, as long as the space, which has been rented out, is part of the building, the rent is required to be treated as “income from house property”.