2000 (3) TMI 35 - HC - Income Tax

Income From Other Sources - Hoardings which are placed on the roofs of the building let out by the assessee to various companies for display of their respective advertisements - finding of the Tribunal that the assessee has let out the hoardings these are neither part of the building nor the land appurtenant thereto - permitting some companies to display their boards on hoardings cannot be taken as income from house property as hoardings cannot be treated as part of the building - income in question was assessable as income from other sources

Summary

Issues:
1. Classification of income received from letting out floor and wall space for hoardings.
2. Validity of Tribunal's finding on the nature of income from hoardings.
3. Perversity of Tribunal's finding on hoardings being put up by the assessee.

Analysis:
1. The case involved a question of whether the sum received by the assessee from letting out floor and wall space for hoardings to advertising agencies should be classified as income assessable under 'Other sources' or 'Income from house property'. The assessee derived income from various sources, including letting out cinema halls and house properties. The Income-tax Officer initially treated the hoarding income as 'Other sources', but the Commissioner of Income-tax (Appeals) allowed it to be assessed as income from house property. However, the Tribunal, referencing previous court decisions, held that letting out hoardings for advertisements did not constitute income from house property as hoardings were not part of the building separable from other parts.

2. The Tribunal's finding on the nature of income from hoardings was challenged based on the argument that the hoardings were let out for advertising purposes and should be considered part of the house property income. The counsel for the assessee contended that there was an agreement for letting out the roof for hoardings, but failed to produce the agreement during proceedings. The Tribunal concluded that hoardings were not part of the building or its land, and thus income from letting them out could not be categorized as income from house property. The Tribunal's decision was upheld, stating that hoardings were not integral to the building.

3. The final issue addressed whether the Tribunal's finding was perverse in assuming that the hoardings were put up by the assessee itself. The court ruled against the assessee, affirming the Tribunal's decision that the income from letting out hoardings for advertisements did not qualify as income from house property. The judgment concluded by answering all questions in favor of the Revenue and against the assessee, thereby disposing of the application.