2000 (2) TMI 87 - HC - Income Tax

Court rules income from sub-leased property not taxable in owner's hands.

Park Hotel (P.) Ltd. Versus Commissioner Of Income-Tax

Park Hotel (P.) Ltd. Versus Commissioner Of Income-Tax - [2000] 243 ITR 514, 161 CTR 104 Issues:1. Assessment of income from leasehold property as income of the assessee from business.2. Ownership of the property and assessment of income in the hands of the assessee or Surendra Overseas Limited.3. Requirement of registration for ownership and tax assessment.4. Transfer of possession and collection of rent by Surendra Overseas Limited.5. Taxation of income not assessed in the hands of the assessee.Issue 1: Assessment of income from leasehold property as income of the assessee from business:The Tribunal referred a question to the High Court regarding the justification of assessing the income received by Surendra Overseas Limited as the income of the assessee from business. The Income-tax Officer initially taxed the gross rent as income from house property, but the Commissioner of Income-tax (Appeals) directed that the income should be assessed under the head 'Business.' The High Court, considering ownership, held that the income arising from the leasehold property sub-leased to Surendra Overseas Limited cannot be considered the real income of the assessee from its business.Issue 2: Ownership of the property and assessment of income:The Supreme Court remitted the matter back to the High Court for fresh disposal, emphasizing the need to determine ownership and address the issue of income assessment. The Tribunal found that the building in question was constructed by Surendra Overseas Limited, not the assessee. The High Court held that once the property was sub-leased and possession transferred to Surendra Overseas Limited, the income from the property, including rent, cannot be taxed in the hands of the assessee until retransferred back.Issue 3: Requirement of registration for ownership and tax assessment:The High Court considered the necessity of registration for ownership and tax assessment. The Revenue argued that registration is essential for a valid transfer, while the assessee contended that income collected by Surendra Overseas Limited, after taking over possession and constructing the building, should not be taxed in the hands of the assessee. The court relied on precedents and held that the possession transfer and rent collection by Surendra Overseas Limited preclude taxing the income in the assessee's hands.Issue 4: Transfer of possession and collection of rent by Surendra Overseas Limited:The Tribunal's finding confirmed that Surendra Overseas Limited constructed the building in question and collected rent. The High Court, following the Supreme Court's guidance, determined that ownership for tax assessment purposes should focus on the entity entitled to receive income from the property. As Surendra Overseas Limited had possession and collected rent, the income could not be taxed in the assessee's hands.Issue 5: Taxation of income not assessed in the hands of the assessee:The High Court scrutinized the Tribunal's reasoning for taxing the income in the assessee's hands due to non-assessment in Surendra Overseas Limited's hands. The court sought provisions authorizing such taxation but found none. Consequently, the court ruled in favor of the assessee, stating that income could not be taxed in the hands of another party solely because it was not taxed in the hands of the liable taxpayer under the Income-tax Act.In conclusion, the High Court's decision favored the assessee, ruling that the income from the leasehold property sub-leased to Surendra Overseas Limited should not be taxed in the assessee's hands. The judgment emphasized ownership, possession transfer, and the absence of legal provisions allowing taxation in a different party's hands due to non-assessment.