2006 (10) TMI 188 - AT - Income Tax

Tribunal upholds deletion of notional income from house property, valid reassessment under IT Act

TN Vohra. Versus Assistant Commissioner Of Income-Tax.

The Tribunal upheld the deletion of Rs. 19,80,000 as notional income from a house property, ruling that the property was used for business purposes. It ... Income From House Property Issues Involved:1. Validity of reassessment proceedings under Section 148 of the IT Act, 1961.2. Addition of Rs. 19,80,000 as notional income from house property.3. Addition of Rs. 38,103 on account of sinking fund while assessing income from house property.Issue-wise Detailed Analysis:1. Validity of Reassessment Proceedings under Section 148 of the IT Act, 1961:The assessee contended that the reassessment proceedings were invalid as there was no escapement of income chargeable to tax. The notice under Section 148 was issued on the grounds that the assessee had not shown income from a property at Mahipalpur, New Delhi, for the assessment year 2000-01, while rental income from this property was shown in earlier years. The assessee argued that the property was occupied for business purposes until the assessment year 2000-01, which was accepted by the CIT(A).The Tribunal found that the AO had reasons to believe there was an escapement of income because the assessee had offered rental income from the property in the subsequent assessment year 2001-02. The Tribunal noted that after the amendment of Section 147, a reason to believe that income has escaped assessment is sufficient to issue a notice under Section 148. It is not required to establish actual escapement at the time of issuing the notice. Therefore, the Tribunal upheld the initiation of reassessment proceedings.2. Addition of Rs. 19,80,000 as Notional Income from House Property:The AO added Rs. 19,80,000 as notional income from the house property, reasoning that the assessee had not shown any business activity during the year and no expenses were incurred for business purposes. The AO concluded that the property should be treated as house property and notional rent should be charged.The CIT(A) deleted this addition, observing that the property was a commercial building used by the assessee for business purposes, including sorting out old disputes and finding new business. The CIT(A) noted that the property was not used for residential purposes and the assessee continued to occupy it for business-related activities.The Tribunal confirmed the CIT(A)'s decision, emphasizing that the assessee was under business obligation to sort out pending issues and disputes related to transactions handled in earlier years. The Tribunal found that the AO's conclusion that the property was used for personal purposes was not supported by any evidence. The Tribunal also noted that the assessee continued to have a telephone connection at the premises for business purposes. Therefore, the Tribunal upheld the deletion of the addition of Rs. 19,80,000 as notional income from house property.3. Addition of Rs. 38,103 on Account of Sinking Fund while Assessing Income from House Property:The assessee contested the addition of Rs. 38,103 made by the AO on account of the sinking fund while assessing income from house property. However, the Tribunal's order does not provide a detailed analysis or conclusion on this specific issue. It appears that the primary focus was on the validity of reassessment proceedings and the addition of notional income from house property.Conclusion:The Tribunal allowed the assessee's appeal, upholding the deletion of the addition of Rs. 19,80,000 as notional income from house property. The Tribunal dismissed the Revenue's appeal, confirming the validity of the reassessment proceedings under Section 148. The issue regarding the addition of Rs. 38,103 on account of the sinking fund was not explicitly addressed in the Tribunal's detailed analysis.