Court held that the assessee had earned income not merely by letting out shop rooms but also by providing amenities and facilities at shopping mall. Such amenities and facilities were special facilities for running shopping mall and were meant to attract customers and provide them comfort and convenience of shopping. Accordingly the income derived by assessee by letting out shops in mall had to be assessed as income from business and not as income from house property. (AY. 2009-10)
CIT v. Oberon Edifices & Estates (P.) Ltd. (2019) 263 Taxman 377/ 311 CTR 815/ 184 DTR 56 (Ker.)(HC)
S. 28(i) : Business income-Income from house property–Shopping mall -Commercial exploitation-Facilities and services-Income derived by assessee by letting out shops in mall had to be assessed as income from business and not as income from house property. [S. 22]