2023 (3) TMI 100 - AT - Income Tax

Correct head of income - taxability of rental income - income from house property or income from other sources - addition made under 143(1) intimation - AR contended that rental income of a person other than the owner cannot be charged to tax under the head income from house property - HELD THAT - There is no dispute that the assessee took the property for lease and sublet the property, thereby, received rental income and offered the same as income from other sources. The contention of the revenue is that the assessee failed to show the rental income under the head income from house property based on entries in 26AS. We have gone through the section 22 of the Act, which deals with the rental income chargeable to tax under the head income from house property . This provision clearly establishes that if the assessee is owner and thereby receives any income from house property, it should be taxed under the head income from house property . But in the case on hand, the assessee received rent only by sub letting the property, therefore, we are of the view that the assessee has rightly shown the rental income under the head income from other sources . We, therefore, direct the AO to delete the addition made under 143(1) intimation. Hence, the grounds raised by the assessee are allowed.

Summary

Issues:
1. Taxability of rental income under "income from house property" or "income from other sources".

Analysis:
The appeal was filed by the assessee against the order of the Commissioner of Income Tax (Appeals) regarding the taxability of rental income for the Assessment Year 2017-18. The Assessing Officer had added Rs.1,75,000 under "income from house property" based on Form 26AS entries, despite the assessee not being the property owner. The CIT(A) dismissed the appeal stating that the rectification petition filed by the assessee was not appropriate since no mistake was found under section 154. The Tribunal considered the arguments presented by both parties. The Revenue contended that the rental income should be taxed under "income from house property" as per section 22 of the Income Tax Act, which applies to property owners. However, the Tribunal observed that the assessee received rent only through subletting the property, not as the owner, hence correctly treated the income under "income from other sources."

The Tribunal referred to section 22 of the Income Tax Act, which specifies that income from house property is chargeable to tax if the assessee is the owner. Since the assessee received rent from subletting the property and was not the owner, the Tribunal concluded that the rental income should be categorized under "income from other sources." Consequently, the Tribunal directed the Assessing Officer to delete the addition made under the 143(1) intimation. Therefore, the grounds raised by the assessee were allowed, and the appeal was granted in favor of the assessee.

In conclusion, the Tribunal's decision clarified the taxability of rental income in cases where the assessee is not the property owner. By correctly categorizing the rental income under "income from other sources," the Tribunal upheld the assessee's position and directed the deletion of the addition made by the Assessing Officer.