2020 (8) TMI 155 - HC - Income Tax

Entitled to deduction u/s 80IA (4)(iii) on rental income - income derived from letting out of property to tenant for the purpose of running technological park is income from business and not income from house property - HELD THAT - The burden of the argument for the Revenue, perhaps emanated from only the name of the company, forgetting that the main business activity of the company from its motor business had been diversified into developing a special kinds of property and earning lease rental income as its main business income. By no stretch of imagination, could a software park developed with the special facilities and amenities for software companies, be earning rental income as income from house property. The Tribunal not only relied upon an earlier decision of Elnet Technologies Ltd. 2012 (11) TMI 671 - MADRAS HIGH COURT but also having considered all these aspects in great detail, the Division Bench of this Court to which one of us (VKJ) was a member, in M/s. PSTS Heavy Lift and Shift Ltd. had clearly held that where the main business of the company is to earn rental income as its business income, the income would be taxable under the head Income entitling the petitioner Assessee to have the deductions of notional expenses like depreciation and special deductions like Section 80IA - Decided against revenue.

Summary

Issues:
1. Classification of income derived from letting out property for running a technological park.
2. Entitlement to deduction under section 80IA on rental income and lease rent income of an industrial park meant for IT industries.

Issue 1: Classification of Income
The High Court examined whether income derived from letting out property to a tenant for operating a technological park should be classified as income from business or income from house property. The Tribunal's decision was based on precedents, including a case involving Elnet Technologies Ltd., where it was held that income from leasing property with amenities constitutes income from business. The court upheld the Tribunal's decision, emphasizing that lease rent income from an industrial park should be assessed as income from business and is eligible for deduction under section 80IA of the Income Tax Act. The court also referred to a similar decision involving Ticel Bio Park Ltd., affirming that rental income and other related incomes are eligible for deduction under section 80IA. Consequently, the court directed the Assessing Officer to treat interest income and other specific income under the head "income from other sources" and allow deduction under section 80IA on the remaining incomes like rent from premises, operation and maintenance income, and revenue sharing income.

Issue 2: Entitlement to Deduction under Section 80IA
The court considered whether the assessee was entitled to deduction under section 80IA on rental income and lease rent income from an industrial park designated for IT industries. Citing a previous decision involving M/s. Khivraj Motors Pvt. Ltd., the court reiterated that if the main business activity involves earning rental income, such income should be taxed under the head "Income from business," allowing for deductions like depreciation and special deductions under section 80IA. The court highlighted that the development of an IT park constituted the primary business activity of the assessee, leading to the conclusion that income from the park should be considered business income. The court dismissed the appeal of the revenue based on the established principles and precedents, emphasizing that the income earned from the specialized property like a software park cannot be categorized as income from house property.

In conclusion, the High Court's judgment clarified the classification of income derived from letting out property for a technological park as income from business rather than income from house property. It also affirmed the entitlement to deduction under section 80IA on rental income and lease rent income from an industrial park meant for IT industries, based on established legal principles and precedents.