2018 (12) TMI 656 - HC - Income Tax

Rental income received to be taxable - income from business OR income from House Property - Held that - Tribunal observed it is clear from objects of the respondent as set out in its partnership deed viz. to deal with properties i.e. to construct real estate, multiplex centre, entertainment complex etc. and operate and manage the same. On the basis of the above object clause the impugned order placed reliance on Chennai Properties & Investment Limited Vs. CIT 2015 (5) TMI 46 - SUPREME COURT to hold that the objects clause of assessee s partnership deed would be the determining factor to decide the nature of income. On the above basis, it concluded that it is business income. In case of Chennai Properties & Investment Limited (supra) the object of the Assessee therein was to acquire properties and let out the same. Appeal of the respondent was allowed and held that the income from letting out of business premises was taxable under the head business income not income from the house property. Tribunal has applied Apex Court decision in Chennai Properties & Investment Limited(supra), on similar facts, the proposed question of law does not give rise to any substantial question of law. Therefore, not entertained.

Summary

Issues:
1. Classification of income from letting out shopping mall and Cinema Theatre as "Income from house property" or "business income."

Analysis:
The main issue in this case revolves around determining the nature of income derived from letting out a shopping mall, cinema theatre, and multiplex center. The Revenue argued that the income should be classified as "Income from house property," while the assessee contended that it should be considered as "business income." The respondent, a partnership firm engaged in construction, maintenance of mall, and providing amenities, offered the income under the head of business or profession. However, the Assessing Officer categorized it as "Income from house property."

The respondent's appeal to the Commissioner of Income Tax (Appeals) was dismissed, leading to a further appeal to the Tribunal. The Tribunal observed that the activity of letting out building premises constituted the respondent's business activity. It noted that the respondent's partnership deed outlined objectives related to dealing with properties, constructing real estate, multiplex centers, and managing the same. Relying on the object clause in the partnership deed, the Tribunal referenced the Chennai Properties & Investment Limited case to determine the nature of income. The Tribunal concluded that the income should be treated as business income, not income from house property, based on the business activities outlined in the partnership deed.

Given the application of the Supreme Court decision in the Chennai Properties & Investment Limited case to the present scenario, the proposed question of law was deemed unsubstantial and not entertained. Consequently, the appeal was dismissed, with no order as to costs being made.