2010 (1) TMI 98 - HC - Income Tax

Court Upholds Tribunal's Income Apportionment Decision for Revenue Appeals

The Court dismissed the Revenue's appeals challenging the Income-tax Appellate Tribunal's order on income apportionment for the assessment years 2004-05 ... Income from House Property and business income under section 22 and 28 – Rent – In this case Karnataka High Court on the basis of the findings of the Tribunal that the assessee itself is carrying on business in hotel industry. The 40% income has to be assessed only under “Business head” not in “other Sources” and the agreement between the parties indicate that 60 % income should be assessed under “Income from house property”, held that Tribunal had rightly answered this question in favour of assessee. The appeal has dismissed Issues:1. Appeal against the order of the Income-tax Appellate Tribunal for the assessment years 2004-05 and 2005-06.2. Apportionment of income between 'Income from house property' and 'Income from business or profession.'3. Disagreement on the percentage of income apportionment.4. Interpretation of law regarding apportionment of income from facilities provided in a building.5. Shifting of income from 'Other sources' to 'Business' head.Analysis:1. The appeals by the Revenue challenged the Tribunal's order on the apportionment of income for the assessment years 2004-05 and 2005-06. The Tribunal suggested a 60:40 ratio for income apportionment between 'Income from house property' and 'Income from business or profession,' differing from the assessing authority's view of 90:10 ratio.2. The Revenue contended that the Tribunal's alteration of the apportionment was unwarranted, citing settled law that income attributable to facilities should be treated as 'House property' income. The Revenue relied on precedents to support its argument, emphasizing that the Tribunal's deviation from established percentages was legally erroneous.3. The Court noted that the determination of income apportionment depends on the specific circumstances of each case. In this instance, if the Tribunal found a 60:40 split based on the agreement terms and conditions, the Court declined to interfere as it constituted a factual finding beyond the scope of appeal under section 260A of the Income-tax Act.4. Regarding the shift of income from 'Other sources' to 'Business,' the Tribunal's decision favored the assessee due to its business activities in the hotel industry. The Court upheld this decision, reasoning that income derived from the agreement fell under the 'Business' head, precluding its classification as 'Other sources' income.5. Ultimately, the Court dismissed the appeals at the admission stage, finding no substantial legal questions necessitating intervention. The judgment underscored the case-specific nature of income apportionment and upheld the Tribunal's factual findings and legal interpretation in favor of the assessee.