1985 (2) TMI 9 - HC - Income Tax

Summary

Issues Involved: Dispute over assessment of rental income from a cinema theatre under different heads of income tax.

R.C. No. 75 of 1979:
The High Court of Andhra Pradesh was asked to determine if the Appellate Tribunal was correct in assessing the rent of a building under the head 'Income from property.' The case involved a cinema theatre owned by multiple individuals, with rental income from the building and equipment being the subject of assessment.

R.C. No. 163 of 1979:
This case raised two questions for the court's opinion: 1. Whether the Tribunal was justified in invalidating the Commissioner's directions to assess the income in the status of an 'Association of persons.' 2. Whether the rental income from the building and equipment should be assessed under different heads for individual co-owners and as 'Other sources' for the association of persons.

In the assessment, the Income-tax Officer initially accepted the individual returns filed by the owners, categorizing the building income as 'Property' and the equipment rental as 'Other sources.' However, the Commissioner directed a reassessment as an association of persons, leading to appeals by the owners.

The High Court ruled that the income from both the building and equipment lease should be treated as 'Income from other sources' under section 56 of the Income-tax Act. This decision was based on the inseparability of the building and equipment lease, aligning with the Supreme Court's precedent in Sultan Brothers P. Ltd. v. CIT [1964] 51 ITR 353.

Regarding the status of assessment, the court addressed the debate on whether the Revenue could assess individuals as an 'Association of persons' after individual assessments had become final. The court cited conflicting views from various High Courts but concluded that in this case, due to final assessments and lack of statutory provisions for protective assessments, the Commissioner's directions were deemed invalid.

In summary, the court held that the rental income from both the building and equipment should be treated as 'Income from other sources' and that the assessments made against the individuals in their individual status were final, rendering the Commissioner's directions ineffective. The first question in R.C. No. 163 of 1979 was answered in favor of the assessee.