Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2022 (5) TMI AT This

  • Login
  • Cases Cited
  • Summary

Forgot password       New User/ Regiser

⇒ Register to get Live Demo



 

2022 (5) TMI 610 - AT - Income Tax


Issues:
1. Disallowance of expenses related to House Property Income.
2. Treatment of rental income as business receipts or income from house property.

Issue 1: Disallowance of Expenses Related to House Property Income:
The appellant filed appeals against the orders of the Commissioner of Income Tax (Appeals) concerning disallowance of expenses. Despite multiple hearing dates, the appellant did not appear, leading to the Tribunal presuming lack of interest in pursuing the appeal. The Tribunal proceeded to hear the Revenue's submissions and decided based on available information. The appellant contended that certain expenses were wrongly disallowed by the Assessing Officer, arguing that expenses unrelated to House Property Income, including depreciation, should not have been disallowed. However, the Tribunal upheld the decision of the CIT(A) and dismissed the grounds of appeal, emphasizing the lack of evidence to support the claim of business expenses against rental income.

Issue 2: Treatment of Rental Income:
The primary issue revolved around the treatment of rental income received by the appellant. The Assessing Officer treated the rental income as income from house property, while the appellant claimed it as business income, citing temporary leasing of property due to operational difficulties. The CIT(A) and the Tribunal both considered the appellant's arguments but ultimately upheld the Assessing Officer's decision. The CIT(A) relied on judicial precedents and legal provisions to confirm the treatment of rental income under the head "Income from House Property." The Tribunal found that the appellant failed to provide substantial evidence to support their claim and upheld the CIT(A)'s order, dismissing the grounds of appeal in both cases for A.Y 2012-13 and A.Y 2013-14.

In conclusion, the Tribunal dismissed the appeals filed by the assessee against the orders related to the disallowance of expenses and the treatment of rental income, upholding the decisions of the CIT(A) and the Assessing Officer. The Tribunal emphasized the importance of providing supporting evidence and adhering to legal provisions in determining the tax treatment of income sources.

 

 

 

 

Quick Updates:Latest Updates