2010 (8) TMI 972 - AT - Income Tax

Summary

Issues Involved:
1. Disallowance of 30% deduction for repairs u/s 24.
2. Classification of income as 'Income from other sources' instead of 'Rental Income'.
3. Disallowance of litigation fees.
4. Addition to income towards depreciation.

Summary:

1. Disallowance of 30% Deduction for Repairs u/s 24:
The Tribunal found that the CIT(A) erred in disallowing the 30% deduction for repairs u/s 24 amounting to Rs. 79,63,877/- on rental income. The CIT(A) had held that the income was service charges and not rent due to a separate service agreement. However, the Tribunal observed that no services were actually provided by the appellant, and the so-called service charges were essentially rent. The Tribunal followed its earlier decisions and allowed the deduction, stating, "the appellant is eligible to claim standard deduction u/s 24 of the Act."

2. Classification of Income as 'Income from Other Sources':
The Tribunal addressed the issue of Rs. 2,65,46,255/- being considered as 'Income from other sources' instead of 'Rental Income'. It reiterated that the entire amount received from the tenant was rent and not service charges. The Tribunal noted, "the entire receipt has been treated as rent assessable under the 'house property income'," and allowed the statutory deduction towards repairs.

3. Disallowance of Litigation Fees:
The Tribunal found that the CIT(A) erred in disallowing litigation fees of Rs. 20,67,650/-. The CIT(A) had stated that the expenses were not incurred wholly and exclusively for business purposes. However, the Tribunal noted that the litigation expenses were incurred for defending cases related to the appellant's business operations. The Tribunal upheld the CIT(A)'s earlier findings that "the expenditure, in my opinion, has been incurred wholly and exclusively during the course of business carried out by the assessee company," and allowed the litigation expenses.

4. Addition to Income Towards Depreciation:
The Tribunal addressed the issue of addition to income towards depreciation amounting to Rs. 1,24,06,266/-. The CIT(A) had disallowed the depreciation on a protective basis, following findings in a block assessment order. The Tribunal noted that the block assessment disallowance was based on evidence not put to the assessee and was later deleted by the CIT(A) and confirmed by the Tribunal. The Tribunal upheld the CIT(A)'s decision to allow the depreciation, stating, "we see no justification in sustaining any disallowance of depreciation."

General Grounds:
Ground Nos. 5 & 6 were deemed general in nature and did not require adjudication.

Conclusion:
The appeal of the assessee was allowed, with the Tribunal following its earlier decisions and allowing the deductions and expenses claimed by the assessee. The order was pronounced in open court on the 20th day of August, 2010.