2018 (1) TMI 1104 - AT - Income Tax

Computation of taxable income under head House property - Restricting the ALV under reference only to 1/3 of the area - fair rental value - Held that - Considering the facts of the case in the light of the order of the Tribunal and the assessment order for AY 2011-12 & 2013-14, it is clear that the claim of the assessee has been accepted by the AO in set aside proceedings for AY 2011-12 that the assessee leased out only 1/3 of the space in property under consideration for which rental value was computed by the AO. The findings of the Ld.CIT(A) are thus supported by the stand of the AO taken in AY 2011-12 & 2013. Once the AO accepted the claim of the assessee that the assessee leased out only 1/3 of the area in property in question, there is no infirmity in the order of the Ld.CIT(A) in directing the AO to compute only letting value of 1/3 property in question. Accordingly, the appeal of the department is dismissed.

Summary

Issues:
1. Restriction of ALV under reference to 1/3 of the area.
2. Determination of fair rental value for property usage.
3. Interpretation of sections 22 and 23 of the Income Tax Act, 1961.
4. Acceptance of claim by the AO in set aside proceedings for AY 2011-12.

Issue 1: Restriction of ALV under reference to 1/3 of the area.
The appeal by the Revenue challenged the order of Ld. CIT(A) restricting the ALV under reference to only 1/3 of the area. The assessee claimed that it had not carried out any business activity during the assessment year and that only 1/3 of the total space was used by specific group concerns, while the remaining space was utilized for its own business purposes. The AO, however, determined the annual value and taxable income based on the assumption that the entire area was let out to the group concerns. The Ld.CIT(A) accepted the assessee's explanation, citing sections 22 and 23 of the IT Act, and directed the AO to restrict the addition to 1/3 of the area let out to the group concerns, partially allowing the appeal.

Issue 2: Determination of fair rental value for property usage.
The AO computed the annual value and taxable income under the head "House property" based on the assumption that the entire property was let out, disregarding the assessee's claim of only leasing out 1/3 of the space. The Ld.CIT(A) upheld the assessee's claim, considering the actual usage of the property and directing the AO to compute the letting value of only 1/3 of the property in question. The Tribunal affirmed this decision, emphasizing that once the AO accepted the claim of the assessee regarding the leased-out area, there was no infirmity in the Ld.CIT(A)'s order.

Issue 3: Interpretation of sections 22 and 23 of the Income Tax Act, 1961.
The Ld.CIT(A) interpreted sections 22 and 23 of the IT Act to determine the chargeability of annual value under the head "house property." It was noted that only the portion of the property not occupied by the assessee for business purposes would be taxable. The Ld.CIT(A) found that the assessee had leased out 1/3 of the area to specific concerns and retained the rest for its own business use, leading to the direction to restrict the addition to the let-out area. This interpretation aligned with the provisions of the IT Act and the factual circumstances of the case.

Issue 4: Acceptance of claim by the AO in set aside proceedings for AY 2011-12.
The Tribunal considered the acceptance of the assessee's claim by the AO in set aside proceedings for AY 2011-12, where it was acknowledged that only 1/3 of the space in the property was leased out. This acceptance in previous proceedings supported the Ld.CIT(A)'s decision to restrict the addition to the let-out area. The Tribunal dismissed the department's appeal, emphasizing the consistency in the treatment of the issue across different assessment years based on the accepted claim of the assessee.

This detailed analysis of the judgment highlights the key issues involved, the arguments presented by the parties, the interpretation of relevant legal provisions, and the final decision rendered by the Tribunal.