2012 (11) TMI 186 - HC - Income Tax

Taxability of amount received for providing amenities and facilities under separate agreement other than the rent agreement under Income from House Property or Income from other sources - services being provided under the service agreement are in the nature of staircase of the building, lift, common entrance, main road leading to the building through the compound, drainage facilities, open space in/around the building, air condition facility etc - Held that - It is found that there are concurrent findings of fact by the CIT(Appeals) as well as the Tribunal that no services are being provided by the respondent to the occupants of its property and that the service charges have to be included as a part of its rental income. The test to determine whether the service agreement was different from the rent agreement would be whether the service agreement could stand independently of the rent agreement. In this case the service agreement is dependent upon the rent agreement as in the absence of the rent agreement there could be no service agreement. Since, these services cannot be separately provided but go alongwith the occupation of the property, therefore, the amounts received as service charges are to be considered as a part of the rent received and subjected to tax under the head Income from House Property - Decided in favor of assessee

Summary

Issues Involved:
1. Classification of compensation received for providing amenities and facilities under separate agreements as 'Income from House Property' or 'Income from Other Sources'.
2. Taxability of compensation received for providing amenities and facilities to a tenant under Section 22 of the Income Tax Act, 1961.

Analysis:
1. The appeal before the Bombay High Court challenged the Tribunal's order regarding the assessment year 2004-2005. The primary issue was whether the compensation of Rs.1.23 crores received for providing amenities and facilities under separate agreements should be treated as 'Income from House Property' or 'Income from Other Sources' as assessed by the Assessing Officer (AO). The Tribunal upheld that the compensation should be taxed under 'Income from House Property' based on the nature of the services provided by the assessee to the occupants of the property.

2. During the assessment year 2004-2005, the assessee received rent and service charges for 2 floors at Mahindra Towers, Worli, Mumbai. The Assessing Officer accepted the rent income as 'Income from House Property' but considered the service charges as assessable under 'Income from Other Sources'. The Commissioner of Income Tax (Appeals) and the Tribunal both found that no services were being provided by the assessee to the occupants, and the service charges were to be included as part of the rental income. The Tribunal relied on the decision in CIT v. Bhakhtawar Construction (P.) Ltd. to conclude that service charges should be taxed along with rent income under 'Income from House Property'.

3. The High Court noted that the service agreement was dependent on the rent agreement, and the services provided were integral to the occupation of the property, such as staircase, lift, common entrance, drainage facilities, etc. These services were not separate but inherent to the property occupation. Therefore, the compensation received as service charges was considered part of the rent and taxable under 'Income from House Property'. The Court found no substantial question of law based on the concurrent findings of fact by the Commissioner of Income Tax (Appeals) and the Tribunal, and thus dismissed the appeal on both issues raised by the Revenue.

In conclusion, the High Court upheld the Tribunal's decision to tax the compensation received for providing amenities and facilities as 'Income from House Property' based on the integral nature of the services provided to the property occupants.