2010 (4) TMI 289 - HC - Income Tax

Rent paid for Guest House Deduction u/s 30 versus disallowance u/s 37(4) ITAT allowed the deduction u/s 30 Held that - ITAT is correct is allowed deduction u/s 30 decided in favor of revenue

Summary

Issues: Appeal under Section 260-A of the Income-tax Act, 1961 regarding the allowance of rent for Guest House under Section 30 of the Act and the applicability of provisions of section 37(1) and 37(4).

Analysis:
1. The appellant-revenue filed an appeal under Section 260-A of the Income-tax Act, 1961 against the order of the Income Tax Appellate Tribunal regarding the assessment year 1988-89. The substantive question of law framed was whether the ITAT was correct in allowing rent for Guest House under Section 30 of the Act and if sections 37(1) and 37(4) were not applicable in this case.

2. The Assessing Officer had made additions to the total income of the respondent-assessee under various sections of the Act, including Section 37(2A), Section 37(3), Section 40A(5), and Section 80HHC. The CIT (A) allowed relief on some issues, including holding that the rent paid for the guest house falls under Section 30 and can be allowed. The CIT (A) relied on its own order passed in previous years for deleting certain additions.

3. The respondent-assessee filed an appeal before the Tribunal against the order of the Assessing Officer. The Tribunal upheld the CIT (A)'s order and dismissed the revenue's appeal. Subsequently, the revenue approached the High Court, framing a substantive question of law for consideration.

4. The counsel for the revenue argued that the substantive question of law had already been answered in a separate appeal of the assessee-respondent, and therefore, no further debate was required. The counsel for the respondent-assessee also acknowledged that the issue had been decided against the assessee in a different case.

5. The High Court, in its judgment, noted that the substantive question of law raised in the appeal had been answered against the respondent in a separate case. As a result, the instant appeal was allowed in favor of the appellant-revenue based on the decision made in the other case. The judgment was delivered by Hon'ble Mr. Justice M.M. Kumar and Hon'ble Mr. Justice Jitendra Chauhan on April 26, 2010.