Income from licensing fully furnished hotel with license to run hotel is business receipt

Dodla International Ltd. Vs ACIT (ITAT Chennai)

ITAT held that  license fee received by the assessee for licensing a fully furnished hotel along with license to run the hotel is a business receipt, which is assessable under the head ‘income from business or profession’ but not a rental income, which is assessable under the head ‘income from house property’.  ITAT followed decision of Hon’ble High Court of Kerala in the case of Palmshore Hotels (P.) Ltd., vs. CIT, (2017) 252 taxman 191 (Kerala).

FULL TEXT OF THE ITAT JUDGEMENT

This appeal filed by the assessee is directed against the order of the Commissioner of Income Tax (Appeals)-1, Chennai, dated 30.07.2018 and pertains to assessment year 2014-15.

2. The assessee has raised the following grounds of appeal:-

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