Mar 6, 2012

Installation of towers on roof is income from other sources and not income from house property

IT : Income from installation of towers/antennas on roof top/from display of signage/parking space rent not income from house property but income from other sources

• The fact that TDS has been deducted by payer under section 194-I does not necessarily mean that rental income is taxable as income from house property

• Income on account of display of hoardings on top of building for advertisement purposes to display advertisement is not an income from house property as hoardings do not form part of building which is income from house property and other parts of building

• Provisions of tax deducted at source are procedural in nature and these are meant for collection of taxes on basis of principle 'as you earn as you pay'; besides, nowhere provisions of section 194-I provides that these provisions are applicable only to rental income chargeable under head 'income from house property' as per section 22 - [2012] 19 36 (Delhi - Trib.)