2022 (4) TMI 714 - AT - Income Tax

Correct head of income - treating the rental income as business income - only source of income is letting out the property - HELD THAT - AO and the CIT appeal have rightly held that the appellant has treated the office complex as business asset as the assessee extended various services to the tenants, the rental income derived there from is to be assessed under the head business income. We are inclined to concur with the finding of the learned CIT appeal in treating the assessee s rental income business income and denying the applicant assessee claim of standard deduction. Accordingly, the impugned order of the learned CIT appeal is sustained. - Decided against assessee.

Summary

Issues:
1. Whether rental income should be treated as business income.
2. Whether the assessee is entitled to standard deduction and carry forward of capital loss.

Analysis:
1. The appeal was filed by the assessee against the order of the Commissioner of Income Tax (Appeals) confirming the finding of the Assessing Officer treating the rental income as business income. The Assessing Officer noted that the maintenance charges were part of the rental agreements, indicating commercial exploitation of the property by the assessee. The assessee argued that its only source of income was rental from leasing out the property and sought the benefit of standard deduction and carry forward of capital loss. The Departmental Representative supported the order, stating that leasing a commercial complex with maintenance charges constituted income from business and profession. The Tribunal agreed with the Commissioner of Income Tax (Appeals) that the rental income should be treated as business income, denying the standard deduction and carry forward of capital loss claimed by the assessee.

2. The Tribunal considered the assessee's intention to construct a theatre on vacant land but ended up building a multistoried office complex due to lack of approval. The Assessing Officer viewed the office complex as a business asset managed by the assessee, providing services to tenants including maintenance. The Tribunal rejected the assessee's argument that rental income was previously assessed under the head of income from house property, stating that res judicata did not apply in income tax proceedings. The Tribunal agreed with the Assessing Officer and Commissioner of Income Tax (Appeals) that the rental income derived from providing services to tenants should be assessed as business income, thus denying the standard deduction and upholding the order of the Commissioner of Income Tax (Appeals).

In conclusion, the Tribunal dismissed the appeal of the assessee and upheld the order treating the rental income as business income, thereby denying the standard deduction and carry forward of capital loss claimed by the assessee.