2012 (1) TMI 308 - AT - Income Tax

Treating the rent received from letting/renting of shops/offices in the commercial complex as well as from letting/renting of space on roof and space on walls for advertisement - Income from business OR Income from house property - denying deduction claimed under section 24(a) of the Act being 30% of annual value - Held that - In the present case undisputedly the properties are not rented out temporarily or for a short period and, therefore, in our considered view, there was no reason to hold that this is a business income and not income from house property. Accordingly, we hold that AO and ld. CIT (A) were not justified in holding that income of the building was income from business and not from house property. Accordingly, we allow the ground of the assessee and the AO is directed to allow deduction as per provisions of law applicable under the head Income from house property.

Summary

Issues Involved:
1. Classification of rental income from commercial property.
2. Deduction under section 24(a) of the Income Tax Act.
3. Charging of interest under sections 234B and 234D.

Issue-wise Detailed Analysis:

1. Classification of Rental Income from Commercial Property:
The primary issue in this case is whether the rental income received by the assessee from letting/renting of shops/offices in a commercial complex and space on the roof and walls for advertisement should be classified as 'Income from business' or 'Income from house property'. The assessee argued that the rental income should be treated as 'Income from house property,' thereby allowing for deductions under section 24(a) of the Income Tax Act. The Assessing Officer (AO) and the Commissioner of Income Tax (Appeals) [CIT (A)] treated the rental income as 'Income from business,' denying the deduction.

The Tribunal considered several factors, including the nature of the property, the agreements between the parties, and relevant case laws. The Tribunal found that the assessee had developed the commercial complex and sold parts of it while letting out other parts. The Tribunal observed that the assessee was not providing additional services or facilities that would classify the income as business income. The Tribunal referenced several case laws, including PVG Raju v. CIT (66 ITR 122) and East India Housing and Land Development Trust Ltd v. CIT (42 ITR 49), which supported the classification of such rental income as 'Income from house property.'

2. Deduction under Section 24(a) of the Income Tax Act:
Given the Tribunal's decision to classify the rental income as 'Income from house property,' the assessee is entitled to deductions under section 24(a) of the Income Tax Act. This section allows for a deduction of 30% of the annual value of the property. The Tribunal directed the AO to allow the statutory deduction as per the provisions of the law.

3. Charging of Interest under Sections 234B and 234D:
The remaining issue pertains to the charging of interest under sections 234B and 234D of the Income Tax Act. The Tribunal noted that this issue is consequential in nature. Therefore, the AO is directed to allow consequential relief, if any, based on the revised classification of the rental income.

Conclusion:
The Tribunal allowed the appeal in part, directing the AO to classify the rental income as 'Income from house property' and to allow the statutory deduction under section 24(a). The Tribunal also directed the AO to provide consequential relief concerning the charging of interest under sections 234B and 234D.