2018 (12) TMI 705 - HC - Income Tax

Rental income received by the Assessee - taxable as income from business and not under the head Income from House Property - Held that - It is an undisputed position that the respondent is involved in the business of purchase and sale of ready-made garments and also letting out of commercial premises. The object of the business of the respondent firm is not restricted to only ready-made garments. Therefore, once it is accepted that the giving commercial premises on rent/lease is also a business activity of the respondent then the decision of the Supreme Court in case of Chennai Properties and Investment Ltd. 2015 (5) TMI 46 - SUPREME COURT and in Shreeji Exhibitors would 2015 (8) TMI 886 - ITAT MUMBAI equally apply in the facts of respondent s case.

Summary

Issues:
1. Classification of rental income for tax purposes under the Income Tax Act, 1961 as income from business or income from house property.

Analysis:
The case involves an appeal challenging the order passed by the Income Tax Appellate Tribunal (the Tribunal) regarding the classification of rental income for tax purposes under the Income Tax Act, 1961. The main question of law raised by the Revenue was whether the Assessee had exploited its property commercially through complex commercial activities, justifying the rental income to be taxed as income from business rather than under the head "Income from House Property."

The respondent, a partnership firm engaged in the business of purchasing and selling ready-made garments and letting out commercial premises, claimed the income earned from letting out commercial premises as taxable under the head "Income from business or profession." However, the Assessing Officer classified the income under the head "Income from house property," leading to an appeal to the Commissioner of Income Tax (Appeals) and subsequently to the Tribunal.

The Tribunal, in its impugned order, allowed the appeals of the respondent and another entity, Shreeji Exhibitors, based on the precedent of Chennai Properties & Investment Limited Vs. CIT (2015) 373 ITR 673(SC). The Tribunal concluded that since the respondent's business objective included dealing in property by construction and letting out the same, the income from letting out premises should be classified as "Income from business or profession."

The Revenue contended that the facts of the present case differed from those of Shreeji Exhibitors, as the respondent was also engaged in the purchase and sale of ready-made garments. However, the High Court noted that the respondent's business activities were not limited to ready-made garments, and since letting out commercial premises was considered a business activity, the decision in Chennai Properties and the precedent set by Shreeji Exhibitors applied to the respondent's case.

The High Court further mentioned that the appeal by the Revenue in the case of Shreeji Exhibitors had been dismissed by them on the same grounds, as it did not raise any substantial question of law. Consequently, the proposed question in the present appeal was not entertained, leading to the dismissal of the appeal with no order as to costs.