Assessee leased out its hotel claimed that amount received is taxable as business income. AO assessed the receipt as rental income. Tribunal held that the as the assessee is not receiving any rent amount but was receiving one per cent of total revenue hence taxable as business income. High Court affirmed the order of the Tribunal. (AY. 2007-08, 2008-09)
CIT v. Plaza Hotels (P.) Ltd. (2019) 107 taxmann.com 287 / 265 Taxman 90 (Bom.)(HC) Editorial : SLP of revenue is dismissed, CIT v. Plaza Hotels (P.) Ltd. (2019) 265 Taxman 89 (SC)
S. 28(i) : Business income–Leasing the hotel and charging one percentage of total revenue–Assessable as business income and not as income from house property.[S. 22, 23]