2015 (9) TMI 1347 - AT - Income Tax

Management fee (Royalty) received - Income from house property v/s business income - Held that - As decided in assessment years 2007-08 and 2008-09 we allow the claim of the assessee that the Management fee (Royalty) received from Kamat Hotels (I) Ltd. is liable to be assessed as business income . - Decided in favour of the assessee Disallowance applying section 14A - Held that - In view of the above precedent, the matter was put to the parties in the course of the hearing. The rival Counsels fairly agreed that the matter relating to the computation of disallowance under section 14A of the Act be restored back to the file of the Assessing Officer for a decision afresh in the light of the directions of the Tribunal in the assessee s own case for earlier assessment years and as per law. Needless to mention, the Assessing Officer shall rework the disallowance u/s. 14A of the Act, if any, after allowing the assessee an opportunity of being heard. - Decided in favour of assessee for statistical purposes.

Summary

Issues:
1. Taxability of income received from Kamat Hotels (I) Ltd. as 'business income'.
2. Disallowance made under section 14A of the Income Tax Act.

Issue 1: Taxability of income received from Kamat Hotels (I) Ltd. as 'business income'

The dispute arose when the Assessing Officer treated the income received by the assessee from Kamat Hotels (I) Ltd. as income assessable under the head "Income from house property," while the assessee had declared it as 'business income.' The Tribunal, in previous years, had upheld that the income should be considered as 'business income' based on the facts that the hotel was originally run by the assessee and was later given to KHIL to manage. The Tribunal emphasized that the character of the asset did not change, and the revenue received from exploiting the commercial asset for business purposes should be treated as business receipts. The Tribunal's consistent view led to the decision that the Management fee (Royalty) received from Kamat Hotels (I) Ltd. should be assessed as 'business income,' thereby allowing the claim of the assessee.

Issue 2: Disallowance made under section 14A of the Income Tax Act

The Assessing Officer had disallowed an amount under section 14A of the Act, which the CIT(A) partially confirmed. The assessee raised concerns regarding the double disallowance of interest and expenses under section 14A. The modified Grounds of appeal focused on challenging the further disallowance made by the Assessing Officer under section 14A, citing legal developments post-filing of the return. The Revenue, on the other hand, contested the CIT(A)'s directions regarding the computation of disallowance under section 14A, emphasizing the application of Rule 8D and the inclusion of the investment in a partnership firm for disallowance purposes. The Tribunal, considering past precedents and legal arguments, decided to restore the matter back to the Assessing Officer for a fresh decision on the disallowance under section 14A, allowing both the assessee and the Revenue an opportunity to present their case. The cross-grounds raised by both parties on this issue were treated as partly allowed for statistical purposes.

In conclusion, the Appellate Tribunal ITAT Mumbai ruled in favor of the assessee regarding the taxability of income received from Kamat Hotels (I) Ltd. as 'business income' and partially allowed the cross-appeals concerning the disallowance under section 14A of the Income Tax Act, directing a fresh decision by the Assessing Officer.