Ajit Kumar Sengupta, J. - (1.) The assessee is a private limited company. This reference relates to the assessment years 1968-69 and 1969-70, The assessee derived income from property, shares, business and dividend. The assessee was the owner of a six storeyed building and derived rental income from the said property. The assessee also received certain amount from the tenants as service charges for the supply of electricity, use of lifts, supply of water, maintenance of staircases and for the watch and ward facilities for the tenants. Before the Income-tax Officer, the claim of the assessee was that the service charges received by the assessee should be treated as business income. However, the Income-tax Officer did not accept the claim of the assessee and treated the service charges as income from property.
(2.) The assessee also claimed depreciation on the fans installed in the property situated at 40, Strand Road. Since the income from the said property was assessable under Section 22 of the Income-tax Act, 1961, the Income-tax Officer disallowed the claim of the assessee as regards depreciation on fans.
(3.) The assessee preferred appeal against the said assessment orders before the Appellate Assistant Commissioner, The Appellate Assistant Commissioner, however, upheld the order of the Income-tax Officer in treating the amount received for service charges as income from property and also in disallowing the depreciation on fans claimed by the assessee. The assessee came in second appeal to the Tribunal.;