2011 (8) TMI 1229 - AT - Income Tax

Income received on lease of a portion of terrace of the building and a wall of the building for the purpose of fixing of hoarding neon sign etc. - assessable under the head Income From Business or Profession or under the head Income From Other Sources - Held that - Allow this ground raised by the assessee directing the Assessing Officer to assess the income in question under the head Income From House Property .

Summary

Issues:
Assessment of income received on lease under specific heads for assessment years 2000-01, 2001-02, and 2002-03.

Assessment Year 2000-01:
The main issue was whether income from leasing a portion of a terrace and a wall for hoarding display should be assessed under "Income From Business or Profession" or "Income From Other Sources." The Assessing Officer categorized it under "Income From Other Sources," arguing it was not for letting a building but for advertising purposes. The Commissioner (Appeals) upheld this decision, stating the terrace was not let out for living purposes. The assessee appealed to the Tribunal, citing various case laws supporting the income being assessed under "Income From House Property." The Tribunal referred to precedents and held that the income should be assessed under "Income From House Property" as per Section 24 of the Act, overturning the Commissioner's decision.

Assessment Year 2001-02:
The assessee did not press certain grounds, and the Tribunal dismissed them accordingly. For the remaining issue of double addition under Section 68, both parties requested the matter be sent back to the Assessing Officer for verification. The Tribunal set aside the Commissioner's order and directed the Assessing Officer to examine if the same amount was taxed twice. Another ground similar to the previous year was allowed by the Tribunal, following the same reasoning as before.

Assessment Year 2002-03:
The assessee chose not to press certain grounds, which were dismissed. The Tribunal allowed a ground similar to the one in the assessment year 2000-01, setting aside the Commissioner's decision and ruling in favor of the assessee. The Tribunal partially allowed the appeal for this assessment year as well.

In conclusion, all the appeals filed by the assessee were partly allowed, with the Tribunal setting aside the Commissioner's orders and directing the Assessing Officer to assess the income under the head "Income From House Property" for the relevant years. The Tribunal's decision was based on precedents and upheld by the Jurisdictional High Court, leading to the partial success of the assessee in the appeals.