2021 (6) TMI 152 - HC - Income Tax

Income from house property or income from other sources - income earned by the appellant from letting out of the building along with other amenities in the industrial park - authorities below treating the business income derived from complex commercial activities of letting out buildings along with the other amenities in an industrial park partly as income from house property and partly as income from other sources - disallowing the expenditure incurred wholly and exclusively for the purposes of the business of complex commercial letting out services - HELD THAT - As decided in VELANKANI INFORMATION SYSTEMS (P.) LTD. 2013 (8) TMI 113 - KARNATAKA HIGH COURT What is the intention behind the lease and secondly what are facilities given along with the buildings and documents executed in respect of each of them is to be seen. Thirdly, it is to be found out whether it is inseparable or not. If they are inseparable and the intention is to carry on the business of letting out the commercial property and carrying out complex commercial activity and getting rental income therefrom, then such a rental income falls under the heading of Profits and gains of business or profession . In fact, any other interpretation would defeat the very object of introduction of section 80-IA as well as the scheme which is framed by the Government for development of industrial parks in the country. In that view of the matter, the finding recorded by the appellate authority as well as the Tribunal is in accordance with law and does not suffer from any legal infirmity which calls for interference. Income from business - receipts on account of sale of software technical services being meager - HELD THAT - As substantial question of law has been answered by the Supreme Court in 'PEERLESS GENERAL FINANCE AND INVESTMENT COMPANY LTD. 2019 (7) TMI 880 - SUPREME COURT . The order passed insofar as it pertains to Assessment Year 2010-11 is hereby quashed.

Summary

Issues:
1. Justification of remanding the matter for passing a speaking order on objections to reopening assessment.
2. Validity of directing respondent to dispose of objections despite the assessment order being void.
3. Treatment of income from letting out a building as 'income from house property.'
4. Classification of business income derived from letting out buildings in an industrial park.
5. Disallowance of expenditure for business purposes.
6. Consideration of receipts from the sale of software technical services as income from business.

Issue 1:
The appellant challenged the remand of the matter by the Appellate Tribunal to the assessing authority for a speaking order on objections to reopening the assessment. The Court referred to the doctrine of inseparability to determine the nature of the transaction, emphasizing the intention of the parties in entering into the lease transaction. It was held that if the primary intention is to exploit immovable property through complex commercial activities, the income derived should be considered as business income. The Court cited relevant provisions of the Income Tax Act to support this interpretation. Consequently, substantial questions of law 1 and 2 were not pressed by the assessee, and the appeal was allowed in favor of the appellant.

Issue 2:
Regarding the direction to dispose of objections despite the assessment order being void, the Court relied on a previous judgment to support its decision. It was highlighted that the intention behind the lease and the facilities provided along with the buildings are crucial in determining the nature of income. The Court emphasized that if the intention is to carry on the business of letting out commercial property and engaging in complex commercial activities, the rental income falls under the category of "Profits and gains of business or profession." As a result, substantial questions of law 3 to 5 were answered in favor of the appellant.

Issue 3:
The question of treating income earned from letting out a building in an industrial park as 'income from house property' was addressed by the Court. Relying on the doctrine of inseparability and the intention of the parties, the Court clarified that if the primary objective is to exploit commercial property through rental income, it does not fall under the category of "Income from house property." The Court's interpretation aligned with the legislative intent and the scheme for industrial park development. Consequently, substantial questions of law 3 to 5 were resolved in favor of the appellant.

Issue 4:
The classification of business income derived from letting out buildings in an industrial park was scrutinized by the Court. By emphasizing the intention behind the lease and the nature of commercial activities, the Court determined that such income should be categorized as "Profits and gains of business or profession." The Court's decision was supported by legal provisions and previous judgments. Therefore, substantial questions of law 3 to 5 were decided in favor of the appellant.

Issue 5:
The Court examined the disallowance of expenditure incurred for business purposes and assessed the findings of the Appellate Tribunal in this regard. By considering the nature of the expenses and their relevance to the business activities, the Court determined that the findings of the Tribunal were not perverse. Consequently, substantial questions of law 3 to 5 were resolved in favor of the appellant.

Issue 6:
The consideration of receipts from the sale of software technical services as income from business was addressed by the Court. Referring to a Supreme Court judgment, the Court provided clarity on this matter. The Court's decision aligned with the Supreme Court's ruling, leading to the quashing of the order pertaining to the Assessment Year 2010-11. As a result, substantial question of law 6 was answered in favor of the appellant.

In conclusion, the appeal was allowed, and the judgment favored the appellant on all substantial questions of law raised during the proceedings.