DCIT v. Tewari Warehousing Co. (2018) 170 ITD 339 (Kol) (Trib.)

S. 28(i) : Business income -Providing warehousing services along with other facilities such as security service and other services to keep goods safe and under hygienic conditions, said activity systematically undertaken by assessee is assessable as business income and not as income from house property ,wrongly deduction of tax at source would not change character of income to rental income .As regards rejection of books of account and estimation of income was set a side to CIT(A) for re adjudication [ S. 22, 194I ]

Dismissing the appeal of the revenue the Tribunal held that ; Providing warehousing services along with other facilities such as security service and other services to keep goods safe and under hygienic conditions, said activity systematically undertaken by assessee  is assessable as business income and not as income from house property . Merely because one of contracting parties had wrongly deducted TDS under section 194I, same would not change character of income to rental income . As regards the issue of rejection of books of account and estimation of income was set a side to CIT(A) for re adjudication .