2013 (8) TMI 1005 - AT - Income Tax

Rental income - Head of income - assessee s income from incubation project as business income or from house property - Held that - The hon ble jurisdictional high court in the case of M/s. Elnet Technologies Ltd (2012 (11) TMI 671 - MADRAS HIGH COURT ) has squarely decided the issue in favour of the assessee wherein it has been held that in case of a company providing software infrastructural facilities on lease in lieu of rent payment the receipt is business income instead of that from house property. In the course of arguments the Revenue has not been able to cite any distinguishing features. Accordingly we rely upon the said decision and decide the issue in favour of the assessee. Allowability of expenditure - Held that - The assessee is entitled for the expenses in question. We also find that the Commissioner of Income Tax (Appeals) has already issued necessary directions to the Assessing Officer to allow revenue expenditure and also to capitalize the expenses which are not in the nature of current repairs. In our opinion since the Commissioner of Income Tax (Appeals) has issued appropriate directions to the Assessing Officer to verify the nature of the expenses we affirm with the same and leave the Assessing Officer to act as directed by the Commissioner of Income Tax (Appeals).

Summary

Issues involved:
- Determination of whether receipts from providing 'incubation' facility constitute 'business' income or income from 'house property'.
- Assessment of current repairs expenses and their allowability as deduction.

Analysis:

Issue 1: Receipts classification - 'business' income vs. 'house property' income
The primary issue in the appeals is the classification of receipts raised by the assessee after providing 'incubation' facility to M/s. Accenture Services (P) Ltd. The Revenue contended that the receipts should be treated as income from 'house property,' while the assessee argued for classification as 'business' income. The Commissioner of Income Tax (Appeals) accepted the assessee's contentions, considering the nature of the 'incubation' facility provided by the assessee and the business transaction involved. The Tribunal, relying on the case law of M/s. Elnet Technologies Ltd., held in favor of the assessee. The decision emphasized that in cases of providing software infrastructural facilities on lease, the receipts qualify as 'business' income. The Revenue's appeal on this ground was rejected.

Issue 2: Allowability of current repairs expenses
Regarding the expenses incurred by the assessee in refurnishing the leased buildings and providing incubating facilities, the Revenue raised concerns about the claim for repairs since the assessee was not the owner of the building. Citing the case law of M/s. Thiru Arooran Sugars Ltd., the Tribunal found that similar issues had been addressed by the jurisdictional high court. The decision in the cited case supported the allowability of revenue expenditure for maintenance of leased premises. The Tribunal affirmed the Commissioner of Income Tax (Appeals)'s directions to allow revenue expenses and capitalize expenses not classified as current repairs. Consequently, the Tribunal dismissed all appeals filed by the Revenue, upholding the decisions made in favor of the assessee.

In conclusion, the Tribunal's detailed analysis and reliance on relevant case laws led to the rejection of the Revenue's appeals, affirming the classification of receipts as 'business' income and the allowability of current repairs expenses for the assessee.