2021 (9) TMI 1254 - AT - Income Tax

Correct head on income - Income from revenue operation from common area maintenance charges received from the tenants - income from house property or income from business - HELD THAT - Issue decided in favour of assessee as relying on own case 2021 (8) TMI 210 - ITAT DELHI maintenance charges received were towards maintenance and promotion of common area and the amounts received towards maintenance charges were business receipts liable to be assessed under the head Income from business . - Decided against revenue.

Summary

Issues:
1. Treatment of common area maintenance charges as business income or income from house property.
2. Allowance of lease rental paid to Noida Authority as revenue expenditure.

Analysis:
Issue 1: Treatment of common area maintenance charges
The appeal involved a dispute regarding the treatment of common area maintenance charges as either business income or income from house property. The Assessing Officer had treated the charges as income from house property, resulting in additions to the assessee's income. However, the Ld. CIT(A) allowed the assessee's appeal, directing the AO to treat the charges as business income. The department challenged this decision before the Tribunal. The Tribunal noted that a similar issue had been decided in favor of the assessee in the preceding assessment year. The Tribunal referred to relevant case laws and agreements between the parties to support its decision. It emphasized that the maintenance charges were for services rendered in an organized manner to earn profits, thus falling under the category of business income. The Tribunal dismissed the department's appeal, upholding the treatment of common area maintenance charges as business income.

Issue 2: Allowance of lease rental as revenue expenditure
The second issue pertained to the allowance of lease rental paid to Noida Authority as revenue expenditure. The Ld. CIT(A) had directed the AO to allow this rental as revenue expenditure, which was contested by the department. However, the Tribunal did not delve into this issue separately as it had already dismissed the department's appeal based on the treatment of common area maintenance charges. Therefore, the Tribunal's decision implicitly supported the allowance of lease rental as revenue expenditure, in line with the Ld. CIT(A)'s decision.

In conclusion, the Tribunal dismissed the department's appeal, affirming the treatment of common area maintenance charges as business income and indirectly supporting the allowance of lease rental as revenue expenditure. The decision was based on precedents and legal interpretations, providing clarity on the tax implications of such transactions.