2008 (2) TMI 344 - HC - Income Tax

Taxability of rental income from sub-lessee assessee-trust lesee of property had sub-let the property - assessee trust at no point of time indulged in any systematic business activity, hence income is not taxable as Income from Business . assessee is not a owner of property, so income is not assessable as Income from House Property - income is liable to be taxed as Income from other Sources and not as Income from House Property or Income from Business

Summary

Issues:
1. Classification of rental income earned by the assessee trust.
2. Taxability of rental income from building hire.
3. Determination of whether the assessee was engaged in a business.

Issue 1:
The Income Tax Appellate Tribunal referred three questions regarding the classification of rental income earned by the assessee trust. The trust leased a property and rented it out to the Posts & Telephones Department. Initially assessed as income from property, the Commissioner set aside the assessment directing further inquiry. The Assessing Officer concluded that the income was taxable under "Income from Profits and Gains of Business or Profession" based on the trust's intention to earn a profit through sub-letting. The Commissioner (Appeals) disagreed, taxing the income under "Income from Other Sources." The Tribunal held that the income should be taxed as income from business, citing a previous court decision.

Issue 2:
During the de-novo assessment, it was found that the trust was not the owner of the property, leading to the conclusion that the rental income could not be assessed as "Income from House Property." The Commissioner (Appeals) agreed but differed on the taxability, while the Tribunal upheld the income as from business. The trust argued that it did not engage in any organized business activity besides leasing the property, advocating for taxation under "Income from Other Sources."

Issue 3:
The Tribunal's decision to tax the rental income as income from business was challenged by the trust, emphasizing that no systematic business activity was conducted beyond leasing the property. The court highlighted the lack of organized business operations and compared the case to a previous ruling involving multiple tenants, indicating a systematic sub-letting activity. Consequently, the court held that the income should be taxed as "Income from Other Sources," not as "Income from House Property" or "Income from Business."

This judgment clarifies the tax treatment of rental income earned by the assessee trust, emphasizing the absence of systematic business activities and concluding that the income should be taxed as "Income from Other Sources." The court's decision provides a nuanced analysis of the trust's operations and the legal principles governing the classification of income under the Income Tax Act, 1961.