Nutan Warehousing Company Pvt. Ltd. v. Dy.CIT (2018) 170 DTR 377 / 195 TTJ 919 (Pune)(Trib.)

S. 28(i) : Business income–Income from house property- ware housing-Exploitation of commercial assets–Assessable as business income. [S. 22]

Allowing the appeal of the assessee the Tribunal held that;  assessee had not merely leased out 4 walls of warehouse, it had also provided essential and necessary services of supervisory, loading and unloading, handling, security and transporting to all clients including Hindustan Lever Ltd. on daily basis during working hours. Therefore, that was subservient to warehousing activity. Assessee was liable to pay service tax on service of storage and warehousing since service of storage and warehousing had been included as taxable service. Lease income received by assessee on account of let out of warehouses was ‘profits and gains from business or profession’. (AY.2000-01  2002-03 to 2006-07, 2001-02, 2008-09)