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2016 (9) TMI 386 - AT - Income TaxRental income - income from house property or business income - Held that - The important is the intention of the assessee whether the asset was used to earn the rental income or the intention was to exploit the property for commercial purpose. In the given case, assessee had leased out the property only to be used for the purpose of IT & ITES business purpose. Moreover, there is a condition from the GoWB that it has to be leased out only to the IT & ITES business. Accordingly, we set aside the orders of revenue authorities and direct the AO to treat the rental income as business income. - Decided in favour of assessee.
Issues Involved:
1. Classification of income from leasing IT infrastructure as 'income from house property' vs. 'profits and gains of business.' 2. Applicability of judicial precedents and legal principles to determine the nature of income. Issue-wise Detailed Analysis: 1. Classification of Income: The primary issue revolved around whether the income derived from leasing an IT park should be classified under 'income from house property' or 'profits and gains of business.' The assessee argued that the income should be classified as business income, given the nature of their operations and the specific purpose of the IT park. The Assessing Officer (AO) treated the income as 'income from house property,' emphasizing that the assessee did not carry out any activity constituting a business. 2. Assessee’s Arguments: The assessee contended that the leasing of the IT infrastructure was a mode of exploiting its core business expertise. The land was allotted by the Government of West Bengal specifically for setting up an IT facility to promote the IT industry. The assessee highlighted that the Memorandum of Association outlined the main objects as developing, operating, and maintaining IT parks, which should be considered a business activity. They cited several judicial precedents to support their claim that the income should be treated as business income. 3. Assessing Officer’s Reasons: The AO provided several reasons for classifying the income as 'income from house property': - The building was constructed for a single tenant for a long-term lease. - The assessee did not exploit the building as a commercial asset before leasing it. - The construction was undertaken specifically for letting out to a tenant. - The construction specifications did not indicate any special traits associated with a commercial asset. - The tenant deducted tax at source under section 194I. - The company was a Special Purpose Vehicle for constructing a building to be rented out. 4. Judicial Precedents and Legal Principles: The assessee relied on multiple judicial pronouncements, including the Supreme Court's decision in Chennai Properties & Investments Ltd. vs. CIT, where the Court held that if the main object of the company is to hold properties and earn income by letting them out, such income should be treated as business income. The Tribunal also considered the decision in Karanpura Development Co. Ltd. vs. CIT, which emphasized that the nature of the activity and the operations in relation to the property should determine the classification of income. 5. Tribunal’s Findings: The Tribunal noted that the intention of the assessee was crucial in determining the nature of income. The assessee's activities were aligned with the main objects of developing and operating IT infrastructure, as outlined in their Memorandum of Association. The Tribunal found that the leasing of the IT park was part of the assessee's business operations and not merely an exploitation of property. The Tribunal also considered the condition imposed by the Government of West Bengal that the property should be leased only for IT and ITES purposes. Conclusion: The Tribunal concluded that the rental income should be treated as business income, following the principles laid down in the judicial precedents cited by the assessee. The orders of the revenue authorities were set aside, and the AO was directed to classify the rental income as 'profits and gains of business.' Outcome: Both appeals for AY 2007-08 and AY 2008-09 were allowed, and the rental income was directed to be treated as business income.
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