PCIT v. E City Real Estate (P.) Ltd. (2018) 100 taxman 93 / 259 Taxman 410 (Bom.)(HC) Editorial : SLP is granted to the revenue ;PCIT v. E City Real Estate (P.) Ltd. (2018) 259 Taxman 409 (SC)

S. 28(i) : Business income-Income from house property- Construction of shopping malls-Commercially exploit property by way of complex commercial activities and, it was not a case of letting out property simplicitor-Rental income is assessable as business income. [S. 22]

Assessee was engaged in construction of various shopping malls .It leased out commercial space in malls and also rendered certain other ancillary services to occupiers of shops/stalls. AO treated rental income earned by assessee under head ‘Income from house property. Tribunal held that intention of assessee-company was to commercially exploit property by way of complex commercial activities and, it was not a case of letting out property simplicitor hence rental income is assessable as business income. High court up held the order of the Tribunal.