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Issues Involved:
1. Whether the co-owners sharing profits of any property are partners under the Deed of Partnership. 2. Whether the income derived from the property should be assessed as business income or income from house property. Issue 1: Whether the co-owners sharing profits of any property are partners under the Deed of Partnership. The primary issue revolves around whether the co-owners, who entered into a partnership deed, can be considered partners under the Deed of Partnership. The Assessing Officer had assessed the income in the status of an unregistered firm (URF), arguing that the co-owners formed a partnership to carry out business activities of acquiring and leasing property. The CIT(A), however, set aside this assessment, directing that the income should be assessed in the hands of individual co-owners. The Tribunal examined the partnership deed and noted that the co-owners had not actually carried out any business activities but merely let out the property and distributed the rent among themselves. The Tribunal concluded that the co-owners did not constitute a legal partnership, as there was no element of business involved, and thus, they should not be considered partners in the legal sense. Issue 2: Whether the income derived from the property should be assessed as business income or income from house property. The second issue pertains to the nature of the income derived from the property. The Assessing Officer, following the instructions of the I.A.C., assessed the income as business income, arguing that the partnership deed indicated a business activity of acquiring and leasing property. The CIT(A) disagreed, treating the income as income from house property. The Tribunal upheld the CIT(A)'s decision, emphasizing that the co-owners had merely constructed and let out the property to the FCI, and there was no business activity involved. The Tribunal relied on the precedent set by the Andhra Pradesh High Court in Phabiomal & Sons, which held that letting out a building and realizing rents did not amount to carrying on a business but was incidental to ownership. Consequently, the Tribunal concluded that the income should be assessed as income from house property, not business income. Conclusion: The Tribunal dismissed the appeals filed by the Revenue, upholding the CIT(A)'s orders. It concluded that the co-owners did not form a legal partnership and that the income derived from the property should be assessed as income from house property. The Tribunal found no merit in the Revenue's grounds of appeal and affirmed the well-reasoned and well-discussed order of the CIT(A), which did not suffer from any illegality or infirmity.
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