1977 (3) TMI 18 - HC - Income Tax

Summary

Issues involved:
The judgment involves determining whether the income derived from letting out of buildings should be computed under section 22, 28, or 56 of the Income-tax Act, 1961. Additionally, it addresses the separate assessment of lift charges and air-conditioning charges under section 56.

Issue 1 - Income Computation:
The dispute centered on whether the income from letting out buildings should be taxed as income from house property (u/s 22), business (u/s 28), or other sources (u/s 56). The Income-tax Officer initially assessed the income as income from house property under section 22. The Appellate Assistant Commissioner upheld this assessment, while the Tribunal also concluded that the income should be taxed under section 22.

Issue 2 - Separate Assessment:
The Tribunal considered whether lift charges and air-conditioning charges should be separately assessed under section 56 of the Income-tax Act, 1961. Section 56(2)(iii) specifies that income from letting buildings along with machinery, plant, or furniture can be assessed under "Income from other sources" if inseparable. However, in this case, the Tribunal found that there was no letting of machinery, plant, or furniture along with the building, leading to the conclusion that the income derived from letting out the building should be assessed under section 22.

Conclusion:
The High Court determined that the income derived from letting out the building should be assessed under section 22 of the Income-tax Act, 1961. However, the lift charges and air-conditioning charges were to be separately assessed under section 56 as income from other sources. The Court's decision was based on the findings of the Tribunal, which established that there was no inseparable letting of machinery, plant, or furniture along with the building, warranting the income to be taxed under section 22.