2018 (7) TMI 368 - AT - Income Tax

Licence fees received from tenants - income from business or income from house property - Held that - Referring to assessee s own case, we set aside the order of CIT(A) and direct the Assessing Officer to treat the licence fee derived from tenants as income from business. Disallowance of interest paid on loan against property - Held that - On perusal of the record and hearing both the parties, we note that a similar issue was decided by the CIT(A) in favour of assessee in assessee s own case for Assessment Year 2011-12 and the Department has accepted the said view taken by the CIT(A). Accordingly, we follow the rule of consistency and delete the disallowance made on account of interest - Assessee appeal allowed.

Summary

Issues involved:
1. Determination of whether license fees received from tenants should be considered as income from business or income from house property.
2. Confirmation of disallowance of interest paid on loan against property.

Analysis:

Issue 1:
The main issue in this case was whether the license fees received from tenants should be classified as income from business or income from house property. The Assessing Officer and CIT(A) initially categorized it as income from house property. However, the appellant argued that the issue was previously addressed in the appellant's own case for the assessment year 2011-12. The appellant referred to a specific paragraph in the previous order to support their argument. The Revenue contended that the appellant changed their stance during the proceedings. The Tribunal found that a Coordinate Bench had previously ruled on a similar issue involving a sister concern of the appellant, holding that the income should be treated as income from business. The Tribunal cited relevant portions of the previous judgment to support their decision. Consequently, the Tribunal set aside the CIT(A)'s order and directed the Assessing Officer to treat the license fees from tenants as income from business.

Issue 2:
The third ground of the appeal related to the confirmation of the disallowance of interest paid on a loan against property. The Tribunal noted that a similar issue had been decided in favor of the appellant in their own case for the assessment year 2011-12, and the Department had accepted the CIT(A)'s view in that instance. Following the rule of consistency, the Tribunal deleted the disallowance of interest made in the current assessment year.

In conclusion, the Tribunal allowed the appeal of the assessee, confirming the order in favor of the appellant on both the issues discussed.

This detailed analysis of the judgment provides a comprehensive understanding of the legal issues involved and the Tribunal's decision on each matter.