2023 (6) TMI 340 - AT - Income Tax

Correct head of income - maintenance income received by the assessee - treated as income from house property or income from business or profession - HELD THAT - The maintenance charges are no way connected to the rental income. Rather, they are for certain additional facilities provided to the tenants, which are unconnected to leasing out the tenanted premises. These facilities, even, could have been provided by a third party. Therefore, in our view, the maintenance charges has no connection with the rental income, hence, cannot be considered to be a part of rental income to treat it as income from house property. The decisions relied upon by assessee support this view. As per assessee that this is the only year, in which, the AO has assessed the maintenance income under the head income from house property . We hold that the maintenance income received by the assessee has to be treated as income from business. Since, the departmental authorities have not raised any doubt regarding expenses incurred against maintenance charges, the same has to be allowed - Decided in favour of the assessee.

Summary

Issues involved:
The main dispute is whether the maintenance income received by the assessee can be treated as income from house property or income from business or profession.

Issue 1:
The assessee appealed against the order upholding the treatment of Maintenance Income as Income from House Property and the disallowance of expenses incurred against it.

The Assessing Officer treated the maintenance income as income from house property along with rental income, as both were received from the same building let out by the assessee. The assessee argued that maintenance charges are for facilities provided to tenants and should not be considered part of rental income.

Issue 2:
The assessee further contended that all expenses claimed against Maintenance Income should be allowed under the head "Profits and Gains from Business & Profession" to maintain the status of the company.

The departmental representative supported the Assessing Officer's view, but the Tribunal analyzed the agreements between the assessee and tenants. It was found that maintenance charges were for additional facilities unrelated to leasing the premises, supporting the assessee's argument.

The Tribunal observed that the maintenance charges were for specific facilities provided to tenants, such as lift access, power supply, water provision, lighting, and maintenance of common areas. These charges were separate from rental income and could have been provided by a third party. Relying on past decisions and the unique nature of the expenses, the Tribunal held that the maintenance income should be treated as income from business.

The Tribunal decided in favor of the assessee, allowing the appeal and holding that the maintenance income is not part of rental income but should be treated as income from business. The expenses claimed against maintenance income were allowed, as they were necessary for maintaining the company's status.