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2022 (5) TMI 610 - AT - Income TaxTreatment of rental income under house property - Disclosure of rental income received from the property by the assessee as business receipts and the assessee has claimed the other expenditure against the business receipts - AO has recomputed the rental income under income from house property and applied the provisions of Sec. 23(1)(a) of the Act in respect of annual value of the property and assessed the total income after allowing the deduction of municipal taxes paid and deduction u/s 24(a) - HELD THAT - On perusal of the grounds of appeal raised by the assessee, the contentions are that the assessee is a private limited company and certain statutory fixed expenditure has to be incurred even though there is no business activities. In the course of hearing, we found that the assessee has not filed any supporting evidences to substantiate the claim except the papers/ orders filed along with the appeal memo. On perusal of the facts, prima-facie the claim of business expenses against the rental income in not a prudent practice. We are of the opinion that the CIT(A) has considered the facts, circumstances, provisions of the Act, judicial decisions, and the assessee own case for the A.Y 2010-11 of his predecessor and sustained the addition and passed the reasoned order. Accordingly, we do not find any infirmity in the order of the CIT(A) and uphold the same and dismiss the grounds of appeal of the assessee.
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.
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