2014 (10) TMI 538 - HC - Income Tax

Income from shopping centre Income form house property or Profits and gains from business and profession Ownership of shopping centre - Whether the was owner of the shopping centre within the meaning of section 22 read with section 27 Held that - The terms and conditions of the auction have been referred to the agreement pursuant thereto and a copy of which was before the authorities - The assessee is a partnership firm - It was constituted under the deed of Partnership and main object was that it shall take premises on rent and sub-let them or any of business mutually agreed by the parties from time to time - the term transfer as defined u/s 269UA (f) is in relation to any immovable property and there are two references thereto and which are to be found from the definition of the term immovable property i.e. in section 269UA (d) - the term transfer is defined in clause (f) as stated above and effect of the same may be of transferring or accepting enjoyment of the property. The income that he derives from the users or occupiers of the stalls or units in the market area is from house property - A demand notice was issued by the Corporation calling upon the assessee to pay property tax in respect of stalls - the tax liability vests with the Corporation - the understanding between the parties has been that the tax liability vests with the Corporation - the Corporation is owner of the property and for the purpose of payment of property taxes can therefore be of no assistance to the assessee - The nature of the rights derived from the Auction, the Agreement and further that the Assessee can deal with the property by inducting third parties goes to show that he is the owner within the meaning of the Income Tax Act, 1961 thus, no substantial question of law arises for consideration Decided against assessee.

Summary

Issues Involved:
1. Validity of reassessment proceedings under section 147 read with section 143(3) of the Income Tax Act, 1961.
2. Determination of ownership of the shopping centre under section 22 read with section 27 of the Income Tax Act, 1961.
3. Classification of income derived from the shopping centre under the head "Income from House Property" versus "Profits and Gains from Business or Profession".
4. Allegation of the Tribunal's order being perverse and based on surmises, conjectures, and suspicions.

Detailed Analysis:

1. Validity of Reassessment Proceedings:
The appeals under section 260A of the Income Tax Act, 1961, challenge the orders passed by the Income Tax Tribunal. The specific issue of reassessment proceedings was not the primary focus of the arguments presented by the counsel.

2. Determination of Ownership:
The core issue revolves around whether the appellant was the owner of the shopping centre within the meaning of section 22 read with section 27 of the Income Tax Act, 1961. The appellant acquired rights through an auction held by the Municipal Corporation of Greater Bombay, which allowed the successful bidder to set up and operate a Municipal Market privately. The Tribunal concluded that the appellant was deemed the owner of the property by virtue of section 27(iiib) and section 269UA(f) of the Income Tax Act, 1961, which defines "owner of house property" and "transfer" respectively. The Tribunal's interpretation was based on the terms and conditions of the auction and subsequent agreement, which granted the appellant exclusive rights to the property, subject to certain restrictions.

3. Classification of Income:
The Tribunal held that the income earned by the appellant from the shopping centre should be taxed under the head "Income from House Property" rather than "Profits and Gains from Business or Profession." This conclusion was based on the nature of the transaction and the rights acquired by the appellant, which were deemed to be in the nature of a "transfer" as defined under section 269UA(f). The Tribunal's decision was supported by the terms of the auction and the agreement, which indicated that the appellant had acquired substantial rights in the property, akin to ownership.

4. Allegation of Tribunal's Order Being Perverse:
The appellant argued that the Tribunal's order was based on surmises, conjectures, and suspicions, and that it ignored relevant materials and considerations. However, the Tribunal's order was found to be based on a thorough examination of the terms and conditions of the auction and the agreement. The Tribunal referred to relevant statutory provisions and case law to arrive at its conclusion. The High Court agreed with the Tribunal's findings and held that the appeals did not raise any substantial questions of law.

Conclusion:
The High Court dismissed the appeals, affirming the Tribunal's decision that the appellant was the owner of the shopping centre for the purposes of the Income Tax Act, 1961, and that the income derived from the property should be taxed under the head "Income from House Property." The Court found no merit in the appellant's arguments that the Tribunal's order was perverse or based on incorrect considerations. The appeals were dismissed with no order as to costs.