1978 (12) TMI 31 - HC - Income Tax

Summary

Issues involved:
Interpretation of the term "buildings" under section 22 of the Income-tax Act, 1961 and assessment of rental income from stalls in 'Mangla Hat' under sections 22 to 27 versus section 56 of the Act.

Interpretation of the term "buildings" under section 22:
The case involved a reference under section 256(2) of the Income-tax Act, 1961, concerning the assessment year 1962-63. The assessee, a lessee of premises, erected stalls in the demised premises known as "Mangla Hat" and claimed that the income derived from these stalls should be assessed under sections 22 to 27 of the Act. The Tribunal found that the stalls were permanent in nature, erected on cement plinths, and used for selling and storing goods. The Tribunal concluded that the stalls were buildings under section 22 and the income derived was assessable under sections 22 to 27. The court considered arguments regarding the definition of "buildings" and "house property" and held that the stalls qualified as buildings for assessment purposes.

Assessment of rental income from stalls in 'Mangla Hat':
The court addressed the question of whether the rental income from the stalls in 'Mangla Hat' should be assessed as income from house property under sections 22 to 27 or as income from other sources under section 56 of the Act. The revenue argued that the stalls did not qualify as buildings under section 22. However, the court disagreed, emphasizing that the stalls were permanently affixed to the ground, used for commercial purposes, and owned by the assessee during the lease period. Relying on precedents and the Tribunal's findings, the court held that the rental income from the stalls should be assessed under sections 22 to 27, not under section 56.

Separate Judgment:
There was no separate judgment delivered by the judges in this case.

This judgment clarified the interpretation of the term "buildings" under section 22 of the Income-tax Act, 1961 and affirmed that the rental income from stalls in 'Mangla Hat' should be assessed under sections 22 to 27 of the Act.