1996 (4) TMI 147 - AT - Income Tax

Tribunal allows delayed appeals, upholds service charge deductions, and guides on property valuation under Wealth Tax Act

The tribunal condoned the department's delay in filing appeals, allowing them to be disposed of on merits. It upheld deductions for service charges ... Annual Value, Assessment Year, Immovable Property, Income From House Property, Movable Property Issues Involved:1. Condonation of delay in filing appeals by the department.2. Allowability of expenditure on account of service charges against income from house property.3. Interpretation of provisions in Schedule III of the Wealth Tax (W.T.) Act, 1957 regarding valuation of immovable property.Detailed Analysis:1. Condonation of Delay in Filing Appeals by the Department:The department filed three appeals belatedly, with a delay of two days. The delay was due to the 5th of December being a Sunday, and the papers were prepared and submitted on the following days. The tribunal found the delay to be supported by a reasonable cause and thus condoned the delay, allowing the appeals to be disposed of on merits.2. Allowability of Expenditure on Account of Service Charges Against Income from House Property:The primary issue revolves around whether expenses related to lift maintenance, generator charges, etc., can be deducted from the income earned from house property. The assessee-trust owned a building with 12 flats leased on long-term terms, and it was responsible for providing and maintaining various facilities. The expenses incurred for these facilities were claimed as deductions against the composite rent received. The Assessing Officer disallowed these expenses, but the first appellate authority accepted the assessee's contention, allowing the deductions. The revenue contended that such expenses should not be allowed under section 24 of the Income Tax Act, as they do not fall within its provisions. However, the tribunal referenced the Hon'ble High Court's decision in CIT v. Kanak Investments (P.) Ltd. and a prior tribunal decision, concluding that the CWT(A) was justified in allowing the expenses as deductions under section 56 of the Act, treating the income from these services as income from 'other sources'. Consequently, the appeals filed by the revenue were dismissed.3. Interpretation of Provisions in Schedule III of the Wealth Tax (W.T.) Act, 1957:The issue here pertains to the interpretation of Schedule III for valuing immovable property. The assessee argued that the net maintainable rent already included the rent for amenities such as lawns, roads, playgrounds, etc., and thus, adding 30% to the value would result in double addition. The Assessing Officer had valued the property by applying rule 3 and increased the value by 30% as per rule 6, considering the un-built area. The CWT(A) upheld this addition. Upon further appeal, the tribunal examined rules 3 and 6 of Schedule III, noting that the net maintainable rent should be computed first and then adjusted for un-built areas. The tribunal referred to the definition of 'building' and concluded that amenities like roads, lawns, and playgrounds should be treated as part of the building if they are necessary for its effective use. Thus, the un-built area would be reduced, and the Assessing Officer was directed to recalculate the value accordingly. The tribunal did not accept the assessee's contention that only the rent for the main building should be considered, emphasizing that the net maintainable rent for the entire property must be taken into account. The appeals filed by the assessee were allowed for statistical purposes, directing a recomputation that might result in the un-built area being less than the specified area, potentially negating the need for further additions.Conclusion:The tribunal condoned the delay in filing the department's appeals and dismissed them on merits, upholding the deductions for service charges under section 56. It also provided detailed guidance on interpreting Schedule III of the W.T. Act, directing a recalculation of the property's value considering the amenities as part of the building.