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Issues involved: Determination of whether income from lease and license of business premises should be assessed under "Income from property" or "Income from other sources" for the assessment year 1969-70.
Summary: The assessee constructed a building named "Meher Chambers" with leases to three tenants and agreements for air-conditioning facility. Initially declared income under "Income from property" and "Income from other sources," later revised to all under "Income from other sources." Dispute arose on how to assess income from leases and agreements. Revenue argued no letting of installation, while assessee claimed inseparable lettings. Section 56(2)(iii) of Income-tax Act was analyzed, along with precedents like Sultan Brothers' case and D. C. Shah v. CIT. High Court concluded no letting of installation occurred, thus income to be taxed as income from property, not from other sources. In-depth analysis of agreements and relevant legal provisions was conducted. Section 56(1) and 56(2) of the Income-tax Act were scrutinized to determine the taxability of income from agreements. Arguments were presented regarding depreciation allowance and control of the installation by the assessee. The court emphasized the distinction between letting the installation and allowing tenants to utilize the facility. Precedents like Sultan Brothers' case and CIT v. D. L. Kanhere were referenced to establish the inseparability of lettings in similar cases. The court highlighted the significance of possession transfer in a lease and the absence of such transfer in the present case. Decisions from Karnataka, Kerala, and Calcutta High Courts were cited to support the conclusion that no letting of the air-conditioning installation occurred under the agreements. Consequently, income derived from the leases was deemed taxable as income from property, not from other sources. The judgment answered the reference question accordingly, with no order as to costs.
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