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Tax on Income from renting of terrace for erection of mobile antenna tower
Case Law Details
- Case Name
- Maker Tower Premises Co. Op. Society Ltd. Vs ACIT (ITAT Mumbai)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2014-15
- Courts
- All ITAT, ITAT Mumbai
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Maker Tower Premises Co. Op. Society Ltd. Vs ACIT (ITAT Mumbai)
Rent is for space to host the antennas and not for the antennas. As long as the rent is for the space, terrace and roof space in this case and which space is certainly a part of the building, the rent can only be taxed as ‘income from house property’.
In view of the above discussions, and as the rent received by the assessee for use of space, by Telecom Companies, in a building, or part thereof, owned by the assessee, in our considered view, the rent so received must be taken into account in computation of annual val...





