2012 (12) TMI 1037 - AT - Income Tax

Summary

Issues involved: The judgment involves the treatment of income from amenities as income from house property, specifically focusing on the dispute regarding the nature of rental income derived by the assessee.

Treatment of Income from Amenities:
The assessee filed the return of income admitting total income and claimed depreciation and interest on borrowed capital. However, the Assessing Officer (AO) treated the income from interiors as income from house property and disallowed the claim of depreciation. The CIT(A) upheld the AO's decision based on a previous ITAT judgment in the assessee's own case. The assessee argued that the rent from amenities should be assessed under the head 'income from other sources' and depreciation should be granted. The ITAT, Hyderabad, referred to previous orders and agreements, emphasizing that each case must be decided on its own facts. The Tribunal concluded that the income in question should be treated as 'income from house property' based on the real intention of the parties and the nature of the agreements. Therefore, the appeal of the assessee was dismissed, upholding the CIT(A)'s decision regarding the treatment of income from amenities.

Key Points:
- The assessee admitted hire charges under the head income from business but the AO treated it as income from house property.
- The CIT(A) referred to a previous ITAT judgment in the assessee's own case to support the decision.
- The assessee argued for the treatment of rent from amenities under 'income from other sources' and for granting depreciation.
- The ITAT emphasized the need to consider the real intention of the parties and the nature of agreements in determining the nature of income.
- Based on previous orders and agreements, the ITAT concluded that the income in question should be treated as 'income from house property'.
- The appeal of the assessee was dismissed, upholding the CIT(A)'s decision.

Conclusion:
The ITAT, Hyderabad, upheld the CIT(A)'s decision to treat the income from amenities as 'income from house property' based on the real intention of the parties and the nature of agreements. The appeal of the assessee was dismissed, affirming the action of the AO in treating the income in question as 'income from house property'.