2011 (11) TMI 500 - AT - Income Tax

Rent received on amenities - Income from Other Sources v/s Income from House property assessee s alternate ground for allowing depreciation on the items considered under the head Income from Other Sources Held that - As separate agreements for letting out land & building and amenities were entered into it can be seen that none of items listed out as amenities were inextricably connected to the building in such a way that it could be considered as part of the building itself. These were all separable items and it cannot be said that nobody would have rented out the building by itself without such items. Thus rightly taxed under the head Income from Other Sources . Further clause (ii) of Section 57 mandates that income from other sources had to be computed after giving deduction in accordance with provisions of sub-clause (ii) of clause (a) and clause (c) of Section 30 Section 31 and sub-sections (1) and (2) of Section 32 and subject to the provisions of Section 38. Therefore alternative ground of the assessee is allowed. Decided partly in favour of assessee.

Summary

Issues:
- Classification of rental income on amenities
- Allowance of depreciation on items considered as amenities

Issue 1: Classification of rental income on amenities

The case involved appeals by the assessee against the order of the Commissioner of Income Tax (Appeals) regarding the classification of rental income on amenities. The assessee argued that the rental income should be considered under the head "Income from House property" as per the returns filed, while the tax authorities treated it as "Income from Other Sources" due to separate agreements for amenities. The Appellate Tribunal noted that the agreements with lessees were distinct, one for the property and another for amenities, and the amenities were not integral to the building. The Tribunal analyzed Section 22 of the Income-tax Act, emphasizing that only property consisting of buildings or lands appurtenant thereto could be considered under "Income from House property." As the amenities were separable items and not essential parts of the building, they were classified as "Income from Other Sources." The Tribunal also highlighted that the claim for depreciation on amenities under "Income from Other Sources" was valid based on relevant provisions of the Act.

Issue 2: Allowance of depreciation on items considered as amenities

The assessee contended that if the amenities were classified under "Income from Other Sources," depreciation should be allowed. The Tribunal agreed with this argument, citing Section 56(2)(ii) and Section 57 of the Act. Section 56(2)(ii) specifies that income from machinery, plant, or furniture let on hire should be charged under "Income from Other Sources" if not under "Profits and gains of business or profession." The Tribunal reasoned that the assessee's claim for depreciation fell within the provisions of Section 57, allowing deductions for expenditure incurred for earning such income. Consequently, the Tribunal dismissed certain grounds of the appeal while allowing the claim for depreciation on items considered under "Income from Other Sources."

In conclusion, the Appellate Tribunal upheld the classification of rental income on amenities as "Income from Other Sources" due to separate agreements and allowed the claim for depreciation on such items under the same category. The judgment provided a detailed analysis of the legal provisions and relevant precedents, ensuring a comprehensive resolution of the issues raised by the assessee.