1992 (2) TMI 140 - AT - Income Tax

Summary

Issues:
1. Assessment of income derived from hire charges from an auditorium under the head "income from business" or "other sources."
2. Allowance of interest on funds attributable to the construction of the auditorium.

Analysis:

Issue 1:
The case involved determining whether income derived from hire charges for an auditorium should be assessed under "income from business" or "other sources." The appellant, a cooperative bank, constructed an auditorium with various facilities and let it out for events. The CIT(A) allowed the income under "income from business" based on the purpose of construction and the organized business activity involved. The Department argued that the income should be taxed under "other sources" citing a Supreme Court decision. However, the Tribunal found that the activity of letting out the auditorium constituted a business and upheld the CIT(A)'s decision. The Tribunal applied the principles laid down by the Supreme Court in previous cases to conclude that the income derived from the auditorium hire charges should be taxed under "income from business."

Issue 2:
Regarding the allowance of interest on funds related to the construction of the auditorium, the CIT(A) relied on a Gujarat High Court decision for proper allocation of expenses between taxable and exempt income activities. The CIT(A) calculated the interest allowance based on the proportion of borrowed funds used for the investment in the auditorium. The Tribunal agreed with the CIT(A)'s approach, noting that 80% of the investment was from borrowed funds. The Tribunal found the allocation of interest reasonable and in line with the Gujarat High Court decision, thereby upholding the CIT(A)'s decision on the interest allowance issue.

In conclusion, the Tribunal dismissed the appeals, affirming the CIT(A)'s decision to assess the income from auditorium hire charges under "income from business" and allowing interest on a proportionate basis related to the construction of the auditorium.