2021 (12) TMI 401 - AT - Income Tax

Rental income received from letting out the house property - AO disallowed the claim of deduction claimed u/s 24 - DR submitted that the CIT(A) erred in not appreciating the provisions of section 56(2)(iii) - HELD THAT - CIT(A) has given a categorical finding that the assessee purchased bare office space in bare shell condition and as per the Leave and Licence Agreement/Deed of Adherence all the fit out works including furniture, fittings and fixture etc. were required to be executed by the licensee and there was no rent element in respect of furniture, fitting, fixtures etc. It is a clear case of rental income of the assessee received from letting out the house property which can be subject to tax u/s 22 of the Act. Thus the CIT(A) has rightly allowed the interest expenses and partly allowed the portion which is made as per total addition. CIT(A) has categorically observed that all the fit out workings including furniture, fitting, fixtures etc. were required to be executed by the licensee. The observations made by the CIT(A) are in consonance with the Leave and Licence Agreement and no contrary evidence was put up before us or before any revenue authorities by the assessee. Therefore, there is no need to interfere with the order of the CIT(A). Hence cross objection of the assessee is dismissed.

Summary

Issues:
1. Interpretation of provisions of section 56(2)(iii) of the Income Tax Act, 1961.
2. Assessment of rental income from letting out a property.
3. Allowance of interest expenses and deduction under section 24.

Issue 1: The primary issue in this case revolved around the interpretation of section 56(2)(iii) of the Income Tax Act, 1961. The Assessing Officer (AO) disallowed certain deductions claimed by the assessee, invoking this provision based on the nature of the rental income received. The AO referred to specific clauses in the Leave and License Agreement to support the disallowance of deductions, leading to a significant addition to the assessee's income.

Issue 2: The case also dealt with the assessment of rental income derived from letting out a commercial property. The assessee had purchased a property that was already rented out to a tenant before the purchase. The AO concluded that the rental income constituted composite rent, leading to the application of section 56(2)(iii) and subsequent disallowance of deductions claimed by the assessee.

Issue 3: Another aspect of the case involved the allowance of interest expenses and deductions under section 24. The CIT(A) partly allowed the appeal of the assessee, acknowledging that the rental income was from letting out a house property and thus subject to tax under section 22 of the Act. The CIT(A) recognized that the fit-out works were the responsibility of the licensee, and there was no rent element associated with them. Consequently, the interest expenses were allowed, and a portion of the total addition made by the AO was also partly allowed.

In conclusion, the Appellate Tribunal upheld the decision of the CIT(A), dismissing the appeal of the revenue and the cross objection of the assessee. The Tribunal affirmed that the rental income was taxable under section 22, and the deductions claimed by the assessee were appropriately allowed based on the terms of the Leave and License Agreement. The judgment provided clarity on the application of relevant provisions of the Income Tax Act in determining the taxability of rental income and the associated deductions.