A.R.BUILDERS PVT LTD.,CHENNAI vs. DCIT COMPANY CIRCLE 1(1), CHENNAI
In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal confirmed the addition of Rs. 5.25 Lacs as income from other sources. The surplus in the maintenance account was considered income as the assessee was obligated to maintain common facilities and no evidence was provided to show the surplus was refundable.
What were the facts?
The assessee, engaged in construction and trading, earned rental income and maintenance charges. The assessee treated the surplus from maintenance charges as a liability, but the AO treated it as income from other sources. This addition was confirmed by the CIT(A).
What were the issues?
Whether the surplus from maintenance charges collected by the assessee for maintaining common facilities in a building constitutes income taxable under the Income Tax Act.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “B” BENCH, CHENNAI
Before: HON’BLE SHRI MAHAVIR SINGH & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM
आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. Aforesaid appeal by assessee for Assessment Year (AY) 2006-07 arises out of the order of learned Commissioner of Income Tax (Appeals)-1, Chennai [CIT(A)] dated 29-03-2018 in the matter of assessment framed by Ld. Assessing Officer [AO] u/s.143(3) r.w.s. 147 of the Act on 15-11-2010.
2 - 2. None appeared for assessee. The perusal of order sheet entries would show that none is appearing for assessee since last many occasions. Left with no option, we proceed to adjudicate the appeal of the assessee. In this appeal, the assessee is aggrieved by confirmation of addition of Rs.5.25 Lacs which are adjudicated in succeeding paragraphs.
The assessee being resident corporate is stated to be engaged in the construction & trading activities. The assessee earned rental income along with maintenance charges. However, no income was admitted out of maintenance charges rather the maintenance charges were matched against the expenses and net balance / surplus was shown as liabilities in the Balance Sheet. The Ld. AO opined that surplus would be the income of the assessee. The assessee submitted that during the year, the assessee paid excess amount of Rs.3.35 Lacs. However, considering the facts that the assessee had overall surplus of Rs.5.25 Lacs in the account, Ld. AO added the same to the income of the assessee as ‘income from other sources’. The same was keeping in view the fact that the assessee had undertaken to maintain the common facilities in the building.
During appellate proceedings, the assessee merely submitted that the maintenance charges were not in the nature of income. The Ld. CIT(A), finding that similar disallowance was confirmed in appellate order for AY 2008-09, confirmed the stand of Ld. AO. Aggrieved, the assessee is in further appeal before us.
We find that no new material has been placed before us. Prima- facie the assessee has surplus in the maintenance account and as per the agreement, the assessee was obligated to maintain the common
3 - facilities in the building. Therefore, the resultant surplus would become income of the assessee unless it was shown that the surplus was refundable to the occupants of the building. No such facts have been demonstrated. Therefore, we confirm the impugned order. 6. The appeal stands dismissed.
Order pronounced on 22nd February, 2022.
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- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
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