9911796707
|
Home
Issues:
Assessment of income under "House Property" vs. "Business Income" - Set off against "carried forward losses". Analysis: The appeal centered on the assessment of income under the head "House Property" instead of "Business Income" by the learned CIT(A). The assessee argued that the property was given on leave and license basis for business asset exploitation and sought assessment under "business income" to set off against "carried forward losses." The assessee, a Private Limited Company, leased its premises, plant, machinery, and equipment to another company for three years due to a temporary suspension of manufacturing activity. The Assessing Officer assessed the income as "income from house property," which was upheld by the CIT(A). The key point against the assessee was the disposal of plant and machinery, indicating an intention to cease business operations. However, the assessee contended that despite the disposal, it aimed to revive the business and could acquire new assets. Legal precedents were cited to support the argument. The case references highlighted different scenarios where rental income was considered business income based on the intention to continue business operations. The Tribunal emphasized that the intention should be inferred from the conduct, and selling assets due to market conditions did not signify a permanent business discontinuation. Ultimately, the Tribunal found merit in the assessee's claim that the income should be classified as business income. The order of the CIT(A) was overturned, directing the Assessing Officer to tax the income under the "business income" category, allowing the appeal in favor of the assessee.
|
