2012 (8) TMI 327 - AT - Income Tax

Income from license fees - income under the head Income from other sources OR business income - Held that - As premises was taken on license by the assessee along with other licensor in the property, sub-licensed to M/s. Mid-day Publications Pvt. Ltd., came up for adjudication before the Tribunal assessment year 2005-06 where it was directed that the license fees should be taxed for the full year at Rs.18.97 lakhs and not for the period of three months held to be considered as business income - In the absence of any distinguishing features in the facts of the present assessee and the other licensor in the same property, respectfully following the precedent direction to tax the license fees for the entire year at Rs.18.97 lakhs as business income. Assessment of income as Income from house property - Held that - As the assessee had filed a copy of the Occupation Certificate received from Municipal Corporation & contended that the he was allowed possession of the premises much after the close of the financial year. Since this Certificate from Municipal Corporation came into existence after the passing of the assessment order and it will be just and fair if the impugned order on this issue is set aside and the matter is restored to the file of AO.

Summary

Issues:
1. Condonation of delay in filing the appeal.
2. Tax treatment of license fees.
3. Disallowance of expenses.
4. Disallowance of depreciation.
5. Tax treatment of interest income.
6. Assessment of income from house property.

Analysis:

1. Condonation of Delay:
The appeal was filed 86 days late, and the reason for the delay was explained by the director of the company. The Tribunal found the cause reasonable and condoned the delay, admitting the appeal for hearing.

2. Tax Treatment of License Fees:
The assessee received license fees of Rs.4.74 lakhs but the AO assessed it at Rs.18.97 lakhs as 'Income from other sources.' The CIT(A) upheld this decision. The Tribunal referred to a similar case and directed to tax the license fees for the entire year at Rs.18.97 lakhs as business income, following the precedent set in the other case.

3. Disallowance of Expenses:
A disallowance of 75% of expenses amounting to Rs.52,099 was confirmed. The Tribunal, following a similar case, set aside the order and remitted the matter to the AO for a fresh decision in line with the precedent.

4. Disallowance of Depreciation:
A disallowance of depreciation amounting to Rs.75,881 was confirmed. The Tribunal, in line with another case, set aside the order and sent the matter back to the AO for a decision consistent with the precedent.

5. Tax Treatment of Interest Income:
The issue of taxing interest income and interest on income-tax refund as 'business income' instead of 'income from other sources' was dismissed as the appellant did not press this ground.

6. Assessment of Income from House Property:
The AO assessed income at Rs.1,14,631 as 'Income from house property' as the assessee did not offer any income from the property in its balance sheet. The CIT(A) upheld this decision. The Tribunal found that the Occupation Certificate submitted later had relevance to the determination of Annual Letting Value (ALV). The order was set aside, and the matter was remitted to the AO for fresh consideration after allowing the assessee to present evidence.

In conclusion, the appeal was partly allowed, and the Tribunal directed the AO to reexamine certain issues in conformity with legal provisions and precedents.