M/S.WARRIERS HOSPITAL & PANCHAKARMA CENTRE,KAYAMKULAM vs. THE DCIT, CIRCLE-1, ALAPPUZHA
What did the Tribunal hold?
The Tribunal admitted the additional evidence, finding that the assessee had an inadvertent error in classifying the income. The issue was remitted to the Assessing Officer for de novo consideration.
What were the facts?
The assessee offered rental income from letting out a building along with furniture, fittings, plant, and machinery under the head 'income from house property'. The Assessing Officer disallowed depreciation and treated it as income from house property. The assessee argued it should be 'income from other sources' and sought to admit additional evidence.
What were the issues?
Whether rental income from letting out a building along with inseparable furniture, fittings, plant, and machinery is to be assessed as 'income from house property' or 'income from other sources'. The admissibility of additional evidence before the Tribunal.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(2)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- United Commercial Bank Ltd. v. CIT109 citing1 ITR 197 · 1957 · SC
- 1. Bihar State Co-operative Bank Ltd. v. CIT76 citing39 ITR 114 · 1960 · SC · Read judgment
Income Tax Appellate Tribunal, COCHIN BENCH, COCHIN
Per CHANDRA POOJARI, AM:
These appeals of the assessee are directed against different orders of the
CIT(A), Kottayam dated 26/09/2017 and pertain to the assessment years 2011-
12 and 2014-15.
Since the main issue in all the appeals is with regard to assessment of rental
income received from letting out building along with inseparable furniture,
fittings, plant and machinery etc. under the head income from other sources
I.T.A. Nos.615 & 616 /Coch/2017 & 460&461/Coch/2018 instead of income from house property, they were clubbed together, heard
together and are being disposed of by this common order.
Since the facts are same, we consider the facts as narrated in ITA No.
615/Coch/2017 for the assessment year 2011-12 which reads as follows:
For this assessment year, the assessee filed return of income on 30/09/2011
declaring total income of Rs.4,74,86,270/-. A portion of the income returned by
the assessee was assessed under the head income from house property which
was let out to sole distributor, Dhathri Ayurkendra (India) Private Limited. The
Assessing Officer assessed the same under the head income from house property
and he disallowed depreciation claimed by the assessee at Rs.14,29,528/- since
the assessee is only entitled for deduction u/s.24 of the I.T. Act.
Against this, the assessee went in appeal before the CIT(A). Before the
CIT(A), the assessee reiterated the arguments. However, the CIT(A) decided the
issue against the assessee.
Against this, the assessee is in appeal before us. The assessee submitted
that the income of the assessee received from letting out building alongwith
various furniture, fittings, plant and machinery etc. which is to be assessed as
income from other sources in view of the provisions of section 56(2)(iii) of the
Act which reads as follows:
I.T.A. Nos.615 & 616 /Coch/2017 & 460&461/Coch/2018 “Section 56(2)(iii) Where an assessee lets on hire machinery, plant or furniture belonging to him and also buildings, and the letting of the buildings is inseparable from the letting of the said machinery, plant or furniture, the income from such letting, if it is not chargeable to income- tax under the head “Profits and gains of business or profession”.
4.1 Accordingly, it was submitted that the assessee is entitled for depreciation
on furniture, fittings, plant and machinery etc. in terms of section 57(iii) of the
I.T. Act which reads as under:
“Section 57(iii) In the case of income of the nature referred to in clauses (ii) and (iii) of sub-section (2) of section 56, deductions, so far as may be, in accordance with the provisions of sub-clause(ii) of clause (a) and clause (c) of section 30, section 31 and sub-sections (1) and (2) of section 32 and subject to the provisions of section 38”.
4.2 Further, the assessee filed additional evidence as follows:
Lease agreement dated 1st day of March, 2010 executed between Warriers Hospital and Panchakarma Centre and Dhathri Ayurkendra (India) Private Limited regarding Hospital assets located at Ernakulam.
Lease Agreement dated 1st day of March, 2010 executed between Warriers Hospital and Panchakarma Centre and Dhathri Ayurkendra Private Limited regarding Hospital assets located at Kayamkulam. 3. Lease agreement dated 1st day of March, 2010 executed between Hospital and Panchakarma Centre and Dhathri Ayurkendra Private Limited regarding Hospital assets located at Thiruvananthapuram. 4. Lease agreement dated 1st day of March, 2010 executed between Warriers Hospital and Panchakarma Centre and Dhathri Ayurkendra (India) Private Limited regarding Hospital assets located at Guruvayoor.
I.T.A. Nos.615 & 616 /Coch/2017 & 460&461/Coch/2018 4.3 The above evidences were not filed before the Assessing Officer or the
CIT(Appeals), Kottayam since the authorities were firmly holding the view that
rental income earned by the assessee was taxable under the head "Income from
house property” and therefore the assessee was under the bonafide belief that
the above evidences would not be considered to be relevant by them. Hence, it
was submitted that the Bench may condone the omission and consider these
evidences to render justice. The assessee has also filed petition for admission of
additional evidence.
4.4 It was submitted that the assessee had bona fide belief that the income of
the assessee was wrongly offered under the head income from house property.
This was an inadvertent error. It was also submitted that when there is no
doubt regarding the head under which a particular income is to be taxed, there is
no option available for the assessee or for the department to change the head
with regard to this income. It does not matter in any way how the assessee has
chosen to show a particular income in the return of income submitted by it. The
assessee relied on the following judgments:
a) United Commercial Bank Limited vs. CIT (1957) 32 ITR 688 b) CIT vs. Basanth Rai Takhat Singh (1933) 1 ITR 197 c) Bihar State Co-operative Bank Limited vs. CIT (1960) 39 ITR 114
The Ld. DR had opposed to the admission of additional evidence.
I.T.A. Nos.615 & 616 /Coch/2017 & 460&461/Coch/2018 6. We have heard the rival submissions and perused the record. In our
opinion, there was inadvertent error committed by the assessee in offering its
income under the head income from house property. The Assessing Officer must
have called for the documents mentioned above for verification. Neither the
Assessing Officer nor the CIT(A) had considered these documents. These
documents are very crucial for deciding whether the income is from other
sources or from house property. Accordingly, we admit the additional evidence.
In our opinion, it is appropriate to remit the entire issue in dispute for all the
assessment years to the file of the Assessing Officer for de nova consideration
and to take appropriate decision on this issue. Thus, this ground of appeal of
the assessee is allowed for statistical purposes.
The next ground in ITA Nos. 615 & 616/Coch/2017 is with regard to
disallowance of Rs.50,000/- towards expenses. At the time of hearing, the Ld.
AR had not put any argument on this issue for both the assessment years. Hence
this ground of appeals of the assessee for both the assessment years is
dismissed as not pressed. Thus, the appeals of the assessee in ITA Nos. 615 &
616/Coch/2017 & 460&461/Coch/2018 are partly allowed for statistical purposes.
I.T.A. Nos.615 & 616 /Coch/2017 & 460&461/Coch/2018 8. In the result, the appeals of the assessee are partly allowed for statistical
purposes. Order pronounced in the open Court on this 20th December, 2018.
sd/- sd/- (GEORGE GEORGE K.) ( CHANDRA POOJARI) JUDICIAL MEMBER ACCOUNTANT MEMBER
Place: Kochi Dated: 20th December, 2018 GJ Copy to: 1. Warrier’s Hospital and Panchakarma Centre, Puthiyavila, Velanchira, Kayamkulam. 2. The Deputy Commissioner of Income-tax, Circle-1, Alappuzha. 3. The Commissioner of Income-tax(Appeals), Kottayam. 4. The Pr. Commissioner of Income-tax, Kottayam. 5. D.R., I.T.A.T., Cochin Bench, Cochin. 6. Guard File. By Order
(ASSISTANT REGISTRAR) I.T.A.T., Cochin
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