2003 (12) TMI 25 - HC - Income Tax

Computation of income of the assessee from the house property the present case for calculating income from house property fair rent has been taken as Rs. 11,68,985. In the judgment of the Commissioner of Income-tax (Appeals) it was considered that the said figure as accepted by the Assessing Officer, is not the amount received by the owner, but is the amount received by the tenant from its sub-tenant and therefore, the said appellate authority directed the Assessing Officer to revise the computation of income from the house property replacing the annual letting value at Rs. 11,68,985 by Rs. 1,14,888. This finding was affirmed by the Tribunal - actual receipt by the assessee from its tenant has been taken into consideration for the purpose of assessing the income from the house property appears to be correct no interference is required in tribunal s order

Summary

Issues:
Challenge to order of Income-tax Appellate Tribunal dismissing Revenue's appeal regarding computation of income from house property based on actual rent received by owner.

Analysis:
The case involved a dispute over the computation of income from a property owned by the assessee-company. The company had leased out a portion of the property to a tenant who, in turn, sublet it to another entity at a higher rent. The Assessing Officer calculated the income based on the higher sublet rent received by the sub-tenant, rather than the lower rent received by the assessee. The Commissioner of Income-tax (Appeals) sided with the assessee, directing the income to be computed based on the actual rent received by the owner. The Revenue challenged this decision before the Tribunal, which upheld the Commissioner's order.

During the proceedings, the Revenue relied on relevant sections of the Income-tax Act, previous judgments, and legal provisions to argue that the income should be computed based on the rent received by the sub-tenant. The assessee, on the other hand, supported the Tribunal's decision, citing applicable laws and judgments to justify the computation based on the actual rent received by the owner.

The High Court analyzed the provisions of the Income-tax Act, previous judgments, and legal arguments presented by both parties. It noted that the judgments cited by the Revenue were not applicable in this case, as there was no evidence to disbelieve the agreements between the parties or consider them as sham transactions. The Court emphasized the importance of considering the actual rent received by the owner for computing income from the property.

Ultimately, the High Court upheld the Tribunal's decision, dismissing the Revenue's appeal. It concluded that the assessment of income based on the actual rent received by the assessee was in line with legal principles and previous court decisions, including a Division Bench ruling. The judgment highlighted the significance of assessing income from house property based on the rent received by the owner, rather than the sub-tenant, in cases where agreements are genuine and not collusive.

In a concurring opinion, the second judge agreed with the decision to dismiss the appeal, indicating unanimity in the judgment delivered by the High Court.