Partly allowed

M/S Rao Computer Consutlants Pvt. Ltd., v. the Deputy Commissioner

Karnataka HC30 Aug 2021ITA/848/2018

Case brief

AI extract

What is this about?

The High Court addressed an appeal challenging the treatment of income from letting industrial park buildings as 'house property' income versus 'business income'. The Court relied on a coordinate bench judgment, allowing the appeal on specific questions while remanding others for re-examination.

What did the court decide?

Substantial questions of law on classification of income allowed against revenue; assessing authority directed to re-examine expenditure disallowance.

M/S Rao Computer Consutlants Pvt. Ltd., Vs the Deputy… — Income Tax | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 30^TH DAY OF AUGUST, 2021

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PRESENT

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THE HON’BLE MRS.JUSTICE S.SUJATHA

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AND

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THE HON’BLE MR. JUSTICE RAVI V. HOSMANI

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I.T.A.No.848/2018

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BETWEEN :

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M/s RAO COMPUTER CONSULTANTS PVT. LTD., NEIL RAO TOWERS, PLOT NO.118, ROAD NO.3, EPIP I PHASE, WHITEFIELD BANGALORE - 560 066 REP BY ITS DIRECTOR SRI DHANUNJAYA VAYUGUNDLA RAO S/O LATE BASAVAIAH AGED ABOUT 53 YEARS PAN NO. AAACR 8427R ...APPELLANT

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(BY SMT.VANI H., ADV.)

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AND :

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THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 12(4), BANGALORE …RESPONDENT

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(BY SRI K.V.ARAVIND, ADV.)

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THIS INCOME TAX APPEAL IS FILED UNDER SECTION 260-A OF INCOME TAX ACT 1961, ARISING OUT

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OF ORDER DATED 28.09.2018 PASSED IN ITA NO.2621/BANG/2017, FOR THE ASSESSMENT YEAR 20082009 PRAYING THIS HON'BLE COURT TO (A) FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED ABOVE. (B) ALLOW THE APPEAL AND SET-ASIDE THE IMPUGNED ORDER OF THE INCOME TAX APPELLATE TRIBUNAL PASSED IN ITA NO.2621/BANG/2017 RELATING TO ASSESSMENT YEAR 2008-2009.

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THIS APPEAL COMING ON FOR HEARING, THIS DAY, S. SUJATHA, J ., DELIVERED THE FOLLOWING:

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J U D G M E N T

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This appeal is filed under Section 260-A of the Income Tax Act, 1961 (‘the Act’ for short) by the assessee challenging the order dated 28-09-2018 passed in ITA 2621/Bang/2017 by the Income Tax Appellate Tribinal, Bengaluru Bench ‘A’ Bengaluru, relating to the assessment years 2008-09 to 2010-11, raising the following substantial questions of law:-

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“1. Whether on the facts and circumstances of the case, the findings of the Appellate Tribunal that income earned by the appellant from complex commercial activity of letting out of the building along with other amenities in the industrial park shall be treated

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as ‘income from house property’ are perverse and illegal?

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2. Whether on the facts and circumstances of the case, the authorities below erred in treating the business income derived from complex commercial activities of letting out buildings along with the other amenities in an industrial park as income from house property ignoring the law laid down by this Hon’ble Court in the case of Velankani Information Systems and the Circular issued by the Department?

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3. Whether on the facts and circumstances of the case, the authorities below erred in disallowing the expenditure towards insurance, brokerage and depreciation incurred wholly and exclusively for the purposes of the business of complex commercial letting out services and whether the findings of the Appellate Tribunal in this regard are perverse?”

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2. The learned counsel appearing for the parties

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submitted ad-idem that substantial questions of law Nos.1 and 2 raised herein, are squarely covered by the decision

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of the coordinate Bench of this Court in the case of M/s.

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RAO COMPUTERS CONSULTANTS PRIVATE LTD., vs. THE JOINT COMMISSIONER OF INCOME TAX (OSD), O/O CIT-III, BANGALORE , ITA No.711/2017 (D.D. 26-05-2021), wherein the coordinate Bench placing reliance on the Judgment of this Court in the case of CIT vs.VELANKANI INFORMATION SYSTEMS PVT LTD., reported in (2014)2 ITR-OL 138 KAR has answered the substantial questions of law framed in the appeal in favour of the assessee and against the revenue quashing the order of the Income Tax Appellate Tribunal relating to the relevant assessment year therein, allowing the appeal filed by the assessee.

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In view of the aforesaid ruling of this Court, the substantial question of law Nos. 1 and 2 are answered against the revenue and in favour of the assessee.

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As regards the substantial question of law No.3 is concerned, there is no finding by the assessing authority inasmuch as disallowing the expenditure referred to

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therein. In view of the finding given by this Court relating to the substantial question of law Nos. 1 and 2 as aforesaid, the assessing authority is directed to re-examine the issue inasmuch as expenditure/deductions towards insurance, brokerage and depreciation incurred for the purposes of the business of complex commercial letting out services, in an expedite manner.

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The appeal is partly allowed to the extent indicated

above.

Sd/JUDGE

Sd/JUDGE

Rsk/-

M/S Rao Computer Consutlants Pvt. Ltd., v. the Deputy Commissioner

Case brief

What is this about?

What did the court decide?

M/S Rao Computer Consutlants Pvt. Ltd., v. the Deputy Commissioner

Case brief

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