2014 (12) TMI 189 - HC - Income Tax

Classification of income from letting out of warehouse Income from house property or business income assesse engaged in warehousing, handling and transport business - Held that - The Tribunal rightly upheld the observation of CIT(A) that assessee derived income also from transporting business - The basic issue for adjudication in this appeal is whether income from warehousing is assessable as income from house property or business - The Tribunal accepted the assessee s plea of business income based on the profit and loss account, Object Clauses of the Memorandum of Association and the nature of business activity undertaken - the Tribunal was justified in distinguishing the case of the Bombay High Court in Nutan Warehousing Company P. Ltd. - Vs DCIT 2010 (2) TMI 397 - BOMBAY HIGH COURT - the Tribunal rightly come to the conclusion that it is a case of business income and not income from house property thus, the order of the Tribunal is upheld Decided against revenue.

Summary

Issues:
1. Classification of income from letting out warehouse - Business Income or Income from House Property.

Analysis:
The High Court of Madras heard an appeal challenging the order of the Income Tax Appellate Tribunal regarding the classification of income earned from letting out a warehouse. The primary issue was whether the income should be categorized as 'Income from Business' or 'Income from House Property.' The assessee, engaged in warehousing, handling, and transport business, declared the income from letting out buildings and godowns as business income in their tax returns. However, the Assessing Officer treated the income as income from house property. The CIT (Appeals) allowed the appeals, stating that income from warehousing and letting out godowns should be considered business income. The Tribunal also upheld this view, emphasizing the company's Object Clauses and profit and loss account, which indicated the primary source of income as storage charges and maintenance fees. The Tribunal concluded that the income from letting out warehouses and godowns falls under Business Income, not Income from House Property.

The Court noted that both the CIT (Appeals) and the Tribunal correctly determined the income as business income based on the nature of the activities conducted by the assessee. They considered the Object Clauses of the Memorandum of Association of the Company and various aspects of the business operations to conclude that it constituted warehousing business income. The Court agreed with the Tribunal's distinction of a previous case and found no reason to disagree with the factual findings of the lower authorities. Consequently, the substantial question of law was answered in favor of the assessee, and the appeals filed by the Revenue were dismissed without costs.