2010 (4) TMI 1027 - AT - Income Tax

Tribunal upholds CIT(A) decision on rental income classification & deductions

The Tribunal upheld the ld CIT(A)'s decision to tax the rental income as 'income from house property,' allowed the deduction u/s 24(a), and confirmed the ... - Issues Involved: The appeal challenges the order of the ld CIT(A)-XII, Mumbai for the assessment year 2006-07 regarding the taxation of rental income and deductions u/s 24(a) and interest on borrowed capital.Issue 1: Taxation of Rental Income The AO treated the rental income as business income, but the ld CIT(A) directed it to be taxed as 'income from house property.' The Tribunal referred to past decisions confirming rental income assessment under the head 'income from house property,' dismissing the revenue's grounds.Issue 2: Deduction u/s 24(a) The ld CIT(A) allowed a deduction of &8377; 1,31,10,067/- u/s 24(a) for 'income from house property,' which the AO had not permitted. The Tribunal upheld this decision as consequential to the rental income assessment.Issue 3: Deduction of Interest on Borrowed Capital The appeal raised a concern about allowing a deduction of interest amounting to &8377; 69,77,030/- on the borrowed capital against the income from house property. The ld counsel argued for the deduction, stating it was claimed in the P&L account without disallowance by the AO. The Tribunal found no reason to interfere with the ld CIT(A)'s order, confirming the deduction.In summary, the Tribunal upheld the ld CIT(A)'s decision to tax the rental income as 'income from house property,' allowed the deduction u/s 24(a), and confirmed the deduction of interest on borrowed capital. The appeal filed by the revenue was dismissed.