The main object of the assessee company was carrying on the business of letting out its commercial properties. The assessee company constructed a shopping mall/business centre and had let out the said property. Further assessee company maintained and provided necessary service for proper upkeep of such properties in order to earn income by letting and/or leasing thereof income. The AO held that income derived from letting out of house property would always be taxable under the head ‘income from house property’.  The CIT(A) deleted the said addition treating the same as Business Income.  Tribunal while allowing the appeal held that, income is attached to immovable property, cannot be sole criteria for such income as income from house property, to find out that what is primary object of assessee while exploiting such property, assessee-company had developed shopping malls/business centres on properties owned by it and had let out same to various users by providing host of services/facilities/amenities in said malls/business centres, it could be said that basic intention of assessee was commercial exploitation of its properties by developing them as shopping malls/business centres and, therefore, income derived from such activities are business income’ and not as income from house property. (AY.2012-13,  2013-14)