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[2008] 303 ITR 33 (Madras) HIGH COURT OF MADRAS Commissioner of Income-tax v. Chennai Properties & Investment Ltd. K. RAVIRAJA PANDIAN AND MRS. CHITRA VENKATARAMAN, JJ. TAX CASE (APPEALS) NOS. 115 TO 118 OF 2008 AND M. P. NO. 1 OF 2008 IN T.C. NOS. 116 TO 118 OF 2008. MARCH 4, 2008 Section 56 of the Income-tax Act, 1961 - Income from other sources - Chargeable as Amenity charges received by owner of property in respect of let out property would be assessable as income from other sources and not as income from house property [A.Y. 2000-01]. In respect of the relevant assessment years, the assessee treated the amenity charges received from the properties owned by the assessee as income from business. The Assessing Officer treated the entire amount as income from house property. The Tribunal held that the amenity charges should be treated as income from other sources. Held that the issue was covered by the decision of Tarapore & Co. v. CIT [2003] 259 ITR 389 (Mad.) against the revenue. CASE REVIEW Tarapore and Co. v. CIT [2003] 259 ITR 389 (Mad) followed & relied upon. Naresh Kumar for the Appellant. JUDGMENT K. Raviraja Pandian, J.-These appeals are filed against the order of the Income-tax Appellate Tribunal "A" Bench, Chennai, dated June 22, 2007, in I.T.A. Nos. 2021, 2022, 2051 and 2052/Mds/2005 for the assessment years 2000-01 and 2001-02, respectively. The common question of law formulated for entertainment of these appeals are as follows : "Whether, on the facts and circumstances of the case, the Tribunal was right in holding that the amenity charges received in respect of let out property should be treated as income from other sources ?" The appeals relate to the assessment years 2000-01 and 2001-02. The assessee is a company. In respect of the relevant assessment years, the assessee treated the amenity charges received from the properties owned by the assessee as income from business. The Assessing Officer treated the entire amount as income from house property. Aggrieved by the order of the Assessing Officer, the assessee filed an appeal before the Commissioner of Income-tax (Appeals), who upheld the order of assessment to the extent that he…

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