SHARDA CHAMBERS PREMISE CO OP SOCIETY LTD ,MUMBAI vs. ACIT, 17(3), MUMBAI

ITA 6554/MUM/2025Status: DisposedITAT Mumbai23 January 2026AY 2013-14Bench: SHRI OM PRAKASH KANT (Accountant Member), SHRI RAHUL CHAUDHARY ( (Judicial Member)1 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal held that the income received from CNIL retained the character of rental income from immovable property and should be assessed under 'Income from House Property'. It directed that no double addition should be made as the income was already offered under that head.

What were the facts?

The assessee, a cooperative housing society, received rental income from leasing its premises for telecommunication infrastructure. The Assessing Officer treated this as 'Income from House Property', while income from Chennai Network Infrastructure Ltd (CNIL) was treated as 'Income from other sources'. The CIT(A) upheld the former but accepted the assessee's contention for the latter.

What were the issues?

Whether rental income from telecommunication infrastructure is 'Income from House Property' or 'Income from other sources', and to avoid double taxation of the same income.

Which sections of the Income-tax Act were involved?

Section 143(2),Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “SMC” MUMBAI

Before: SHRI OM PRAKASH KANT & SHRI RAHUL CHAUDHARY

For Appellant: Mr. H.N. Motiwalla
For Respondent: Mr. Vikas Chandra, Sr. DR
Hearing: 10/12/2025

PER OM PRAKASH KANT, AM

This appeal by the assessee is directed against order dated 28.08.2025 passed by the Ld. Additional/Joint Commissioner of Income-tax (Appeals) – 1, Visakhapatnam [in short ‘the Ld. CIT(A)’] for assessment year 2013-14, raising following grounds:

Sharda Chambers Premises Sharda Chambers Premises

1.

On the facts and in the circumstances of the case, the learned

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On the facts and in the circumstances of the case, the learned

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On the facts and in the circumstances of the case, the learned Addl. JCIT(A), Visakhapatnam, erred in directing the Assessing Addl. JCIT(A), Visakhapatnam, erred in directing the Assessing Addl. J

The order continues below.

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