2019 (9) TMI 100 - AT - Income Tax

Correct head of income - rent receipt - business receipts OR House Property income - disallowing 30% of standard deduction - HELD THAT - We are in agreement with the findings of the CIT(A) that principles of res judicata are not applicable to income tax proceedings and that each year has to be treated as such. Further we do not see any infirmity in the findings recorded by the CIT(A) holding receipts from Stargaze was business receipts and we uphold the same. Depreciation of building, depreciation on assets (pro rata basis) and common expenses (pro rata basis) - Assessing Officer shall calculate the depreciation on the area occupied by Stargaze and allow depreciation on building at the rates applicable. Similar exercise may be done for depreciation on assets (now held to be business assets) and other common expenses (now to be held as business expenses) after ascertaining their linkage with the running of the cinema hall. As regards the issue of carry forward of depreciation and business loss, it is held that no such claim has been made by the appellant and therefore, no such determination has been made in the past in terms of the provisions of section 32 (2) and 72. No claim at this stage can be adjudicated in terms of the ratio of the judgement of the Apex Court in the case of Goetze (India) Ltd. v CIT 2006 (3) TMI 75 - SUPREME COURT which held that appellant-assessee cannot make a claim for deduction other than by filing a revised return - Decided against assessee

Issues Involved:
1. Classification of income from cinema hall, gaming zone, and event management area.
2. Depreciation allowance on cinema hall, gaming zone, and event management area.
3. Allocation of common expenses.
4. Carry forward of unabsorbed business loss and depreciation.
5. Calculation of net income and profit/loss.

Issue-wise Detailed Analysis:

1. Classification of Income:
The primary issue was whether the income from the cinema hall, gaming zone, and event management area should be treated as business income or income from house property. The assessee argued that these receipts should be classified as income from house property, consistent with previous assessments. The Assessing Officer (A.O.) treated these receipts as business income, disallowing 30% standard deduction. The CIT(A) upheld the A.O.'s decision, noting that the agreements with Stargaze Cinema involved revenue sharing based on business activities, occupancy levels, and other business propositions, indicating a business venture rather than a simple rental arrangement. The tribunal agreed with the CIT(A), emphasizing that principles of res judicata do not apply to income tax proceedings, and each year must be treated independently.

2. Depreciation Allowance:
The assessee contended that depreciation should be allowed on the cinema hall, gaming zone, and event management area. The CIT(A) directed the A.O. to allow depreciation on the cinema hall but did not extend this to the gaming zone and event management area. The tribunal upheld the CIT(A)'s decision, agreeing that the receipts from Stargaze were business receipts and thus, depreciation should be calculated on the area occupied by Stargaze and other business assets on a pro-rata basis.

3. Allocation of Common Expenses:
The assessee argued that common expenses such as audit fees, traveling, conveyance, interest, and advertisement should be allocated on a pro-rata basis according to the floor area used for business and house property. The CIT(A) partially allowed this, directing the A.O. to apportion these expenses based on their linkage with the running of the cinema hall. The tribunal upheld this decision, agreeing that the allocation should be done on a pro-rata basis after ascertaining their linkage with the business activities.

4. Carry Forward of Unabsorbed Business Loss and Depreciation:
The assessee claimed that the unabsorbed business loss and depreciation from previous years should be carried forward. The CIT(A) noted that no such claim had been made in the past, and thus, no determination had been made. The tribunal upheld this, referencing the Supreme Court's decision in Goetze (India) Ltd. v CIT, which held that claims for deductions must be made through a revised return.

5. Calculation of Net Income and Profit/Loss:
The assessee contested the A.O.'s calculation of net income, which resulted in a net profit of ?71,99,227 against an actual loss of ?7,41,215. The CIT(A) upheld the A.O.'s calculations, and the tribunal found no reason to interfere with these findings, dismissing the grounds of appeal.

Conclusion:
The tribunal upheld the CIT(A)'s order, agreeing that the receipts from the cinema hall, gaming zone, and event management area should be treated as business income. Depreciation and common expenses should be allocated on a pro-rata basis linked to business activities, and unabsorbed losses and depreciation could not be carried forward without a revised return. The appeal of the assessee was dismissed.

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