2020 (11) TMI 224 - AT - Income Tax

Tribunal directs deletion of rental income addition & adjustment of security deposit against outstanding rent

M/s Vishwaroop Infotech Pvt. Ltd. (now merged with M/s Wadhwagroup Holdings Pvt. Ltd.) Versus ACIT Cen. Cir. – 5 (4), Mumbai

M/s Vishwaroop Infotech Pvt. Ltd. (now merged with M/s Wadhwagroup Holdings Pvt. Ltd.) Versus ACIT Cen. Cir. – 5 (4), Mumbai - TMI Issues Involved:1. Disallowance under Section 14A read with Rule 8D of the Income Tax Act.2. Non-disclosure of rental income.3. Treatment of security deposit.Issue-wise Detailed Analysis:1. Disallowance under Section 14A read with Rule 8D:The assessee, a company engaged in leasing commercial properties, declared exempt income from a partnership firm. The Assessing Officer (AO) applied Rule 8D and disallowed Rs. 1,47,97,219 under Section 14A, arguing that investment decisions require substantial market research and management. The AO contended that the assessee could not earn exempt income without incurring expenses, including administrative and managerial costs. The Commissioner of Income Tax (Appeals) [CIT(A)] reduced the disallowance to Rs. 43,97,356, calculating 56% of administrative expenses as attributable to the investment activity. However, the Tribunal found that the CIT(A) missed considering the total administrative expenses for the entire business. The Tribunal directed the AO to disallow 3.41% of the common administrative expenses based on the ratio of exempt income to total income, partially agreeing with the CIT(A) but also recognizing the need for a more practical approach.2. Non-disclosure of Rental Income:The assessee did not disclose rental income of Rs. 3,85,85,341 from M/s Spanco BPO Services Ltd due to non-receipt of payment. The AO added the rental income to the total income, stating that the assessee failed to fulfill the fourth condition of Rule 4 of the Income Tax Rules, 1962, which requires instituting legal proceedings for recovery or proving that such proceedings would be useless. The Tribunal observed that the assessee had not received the rent and that initiating legal proceedings would be futile due to the tenant's financial problems. The Tribunal concluded that the addition of rental income was unjustified and directed the AO to delete the addition, recognizing that the assessee had no certainty of receiving the rent.3. Treatment of Security Deposit:The CIT(A) directed the AO to bring to tax the security deposit retained by the assessee upon the tenant vacating the premises. The assessee argued that the security deposit should be adjusted against the outstanding rent from previous years. The Tribunal agreed with the assessee, noting that the security deposit was adjusted for previous dues, leaving no amount for the current year's outstanding rent. Consequently, the Tribunal accepted the assessee's submission and allowed this ground.Judgment Summary:The Tribunal partly allowed the appeal, directing the AO to delete the addition of Rs. 3,85,85,341 as rental income and to disallow 3.41% of the common administrative expenses under Section 14A. The Tribunal also accepted the assessee's treatment of the security deposit, recognizing its adjustment against previous outstanding rent. The appeal was thus partly allowed, with specific directions provided for recalculating the disallowance and recognizing the practical aspects of the assessee's circumstances.