Income from a mobile tower set on the roof.

Page no : 2

CA Jayesh Gokalgandhi (CA in Industry) (126 Points)
Replied 19 December 2009

To my mind in following two cases it may not be regarded as IFHP

1. If the assessee is a CHS - The aim for forming a CHS is not to construct property and let it out. Hence the amount received by a CHS may not be regarded as IFHP

2. If the agreement between telco and the assessee is towards payment of rent for the space + providing other services like maintaining cleaniness of the spcace.. provision of security... installation of electric meter.. etc.(i am not sure as I have not studied such agreement) then a contrary view may be taken if it is benificial to the assessee..



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