2002 (10) TMI 80 - HC - Income Tax

Income from the property or the income from business - assessee s case is that he has constructed 130 flats. These flats are let out and business is being conducted there. According to the assessee the only source of its income is the income from the property. - (i) Was the Appellate Tribunal right in law and in the facts and circumstances of the case in holding that the income received from the relevant shopping complex is not business income despite the facts that the Assessing Officer has admittedly held a part of the receipts therefrom as business income and that the provision made by the appellant was a business facility complete by organised activity? - (ii) Was the Appellate Tribunal correct in law in holding that the activity of letting out the rooms in the relevant commercial complexes with annexed and inseparable ancillary services is not a business activity? - (iii) Was the Appellate Tribunal correct in law in holding that income from shopping complexes is derived only as a result of mere ownership on the property? - (iv) Was the Appellate Tribunal correct in law in severing on its own accord the services offered as a separate business activity from that of income from shopping complex? - we find that the income from the building forms part of the business and property. Thus we hold that the Tribunal was right in holding that the income of the assessee has to be divided as income form the property and income from the business.

Summary

Issues:
1. Classification of income from a shopping complex as business income or income from property.
2. Consideration of letting out rooms with ancillary services as a business activity.
3. Determination of whether income from shopping complexes is solely derived from property ownership.
4. Severance of services offered as a separate business activity from income from the shopping complex.

Analysis:
The judgment pertains to income-tax references filed by an assessee against orders of the Income-tax Appellate Tribunal regarding assessment years 1993-94, 1994-95, and 1995-96. The assessee, a private limited company, owns a shopping complex named "Attukal Shopping Complex" in Thiruvananthapuram. The complex comprises nearly 170 shops leased to tenants engaging in various businesses. The company maintains common facilities like electricity, water supply, and security services for the complex. The Assessing Officer determined the income partly under "House property" and partly under "Other sources," disallowing depreciation on the building. The Commissioner of Income-tax (Appeals) upheld this decision, citing precedents and distinguishing cases cited by the assessee.

The main issue revolves around whether the income derived by the assessee should be classified as income from the property or income from business activities. The Department argued that business activities involve risk, and the mere act of letting out a building does not necessarily constitute a business activity. Legal precedents were cited to support this argument, emphasizing the distinction between property ownership and business activities. The Tribunal's decision to divide the income as income from property and income from business was upheld by the court, affirming that the income from the building is part of both business and property income.

In conclusion, the court held that the income obtained by the assessee from the shopping complex should be divided into income from property and income from business. The judgment supported the Tribunal's decision and answered the questions of law in favor of the Department and against the assessee. The case highlights the importance of distinguishing between income derived from property ownership and income generated through business activities, emphasizing the need to consider the nature of activities conducted by the assessee in determining the classification of income.