2017 (4) TMI 1054 - AT - Income Tax

Income from amenities - whether treated as income from property - Held that - Identical question of law is pending for adjudication before the Hon ble High Court and a declaration u/s. 158(A)(1) of the Act has been filed by assessee before us stating that the matter is pending before the Hon ble High Court for adjudication and assessee would abide by that decision. In view thereof, AO is directed to apply the decision for the impugned assessment year as well as and when rendered by the Hon ble High Court of judicature at Hyderabad, in view of Section 158(5) of the Act.

Summary

Issues involved:
Assessment of income from amenities as income from property versus income from business, treatment of hire charges, claim of depreciation, applicability of previous ITAT decision, pending adjudication before High Court, application under Section 158A(1).

Analysis:

1. Assessment of income from amenities:
The appeal concerns the treatment of income from amenities as either income from property or income from business. The assessee had let out a property under two agreements, offering rent as income from house property and hire charges from equipment as income from business. The AO consistently treated the hire charges as income from property, disallowing depreciation. Previous ITAT decisions upheld this treatment, leading to the CIT(A) affirming the AO's stance. The issue remains contentious, with the matter pending before the High Court for adjudication.

2. Claim of depreciation and applicability of previous ITAT decision:
The disagreement between the assessee and the tax authorities revolves around the claim of depreciation on hire charges received. The ITAT's previous decision in 2010 supported the AO's position of categorizing the hire charges as income from property, thus disallowing depreciation. The CIT(A) upheld this decision for the current assessment year, emphasizing consistency with past rulings.

3. Pending adjudication before High Court and application under Section 158A(1):
The assessee acknowledged the pending litigation on similar issues before the High Court and submitted an application under Section 158A(1) in Form No. 8 for the impugned year. The ITAT recognized the parallel proceedings and directed the AO to apply the High Court's decision once rendered, in accordance with Section 158(5) of the Act. Consequently, the appeal was dismissed for statistical purposes, awaiting the High Court's resolution.

In conclusion, the judgment highlights the ongoing dispute regarding the characterization of income from amenities, the treatment of hire charges, and the applicability of previous decisions. The involvement of the High Court for adjudication underscores the complexity of the matter, with the ITAT deferring to the higher judicial authority's forthcoming ruling. The case underscores the importance of legal consistency and adherence to established precedents in tax assessments.