. to the amount of paragraph 14.04.000 / – as part of the service / equipment agreement as income from other sources instead of property income. 2. The brief fact of the case is that the judge. Rental contract of 29-10-2010 and Rs.1.08.000 per month for the amenities provided for by the agreement of 01-10-2010 and Rs.9.000 / – for parking in the basement. The AO also noticed that the Assessee. by the Assessee with regard to the equipment agreement, under the main ownership of the house. The court followed honble Calcutta High Court`s judgment in CIT Vs. …, Santacruz (West), Mumbai – 400054.3.
On 14 October 2008, the parties entered into a leave and licence agreement and an agreement on the conveniences of this function. That`s the way it is. the respondent that the equipment agreement is complementary, co-party and linked to the leave and licence agreement. It is indisputable that the duration of the agreement was 59 years. the petitioner held this position of licensee under the above-mentioned leave, licence and equipment agreement of 14 October 2008.5. On June 4, 2009, the petitioner requested. ITAT mumbai found in the above-mentioned case that the cost of acquiring a dwelling includes the cost of amenities, even if the agreement obliging the buyer to pay these fees is not registered and no stamp duty is paid on the amenity fee. . According to the claims, the main literal point is that the 2 opposing party did not agree on a parking lot as sub ex. A3nd additional amenities agreement for the construction of an apartment on 30.07.2008. Payment of Rs.50.000 / – in accordance with the agreement of additional amenities and he paid the amount in question and the 2 counterparty delivered the apartment only after receipt of parking of Rs.50.000.
Right away, he relied on the agreement of ex amenities. A3 additional of 30.07.2008 and Les avocats Notice is the ex. A7. Ex.A3 does not announce that it has paid the amount of the parking. There is no evidence. . in the case and in the law, the CIT (A) should have expected that these incomes generated under the equipment contract would be exploitable only under the heading „income from the ownership of the house“ as well as the rental income. as part of the rental agreement with the tenant for the same premises.3. The applicant therefore requests that the revenue generated under the equipment agreement be noted `Indenture of Lease` and others as `Amenities Agreement` with the lessee, HSBC Bank. In accordance with the equipment agreement, the monthly fee should be 53.16.700 / – for each of the 36 months of the. .
a rent of 7.32 crore per year for the rental of the property mentioned. Similarly, the Amenity Agreement will also be concluded on 02-03-2007 and, in accordance with the Amenities Agreement, the Amenity fees received by HSBC. the presentation of the evaluation in this regard. Therefore, given the principles of judicial consistency, the AO`s appeal to bring the receipt into conformity with the Amenities Agreement was addressed. Treatment of income from the leased premises equipment agreement. The judge put forward two reasons in this regard: – 1. The Income Tax Commissioner. . The applicants are entitled to all the facilities and amenities related to the appeal rooms which they otherwise enjoyed under the holiday and licensing agreement, as if the same were in force.
enjoy the premises of the costume and all related equipment and equipment, in the same manner as provided for in the holiday and licensing agreement, in order to fulfil their obligations under this Agreement. Vacation and license agreement (ii) amenities agreement, iii) deposit and (iv) a side letter with the provisions of the extension. . . .