DCIT, CHENNAI vs. KHIVRAJ TECH PARK LTD., CHENNAI
What did the Tribunal hold?
The Tribunal held that the rental income from the 'Olympia Tech Park', which provides infrastructure facilities for software development, should be classified as 'income from business'. Therefore, the assessee is eligible for deduction under Section 80-IA.
What were the facts?
The assessee claimed deduction under Section 80-IA for rental income from a building constructed as 'Olympia Tech Park'. The Revenue contended that the income should be treated as 'income from house property' and not eligible for deduction.
What were the issues?
Whether rental income from an IT park providing infrastructure facilities qualifies as 'income from business' for the purpose of deduction under Section 80-IA.
Which sections of the Income-tax Act were involved?
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Cases cited in this judgment(3)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.
- Chennai Properties & Investments Ltd. v. CIT381 citing373 ITR 673 · 2015 · SC
- CIT v. Chennai Properties and Investments Ltd.37 citing266 ITR 685 · 2004 · HC
- CIT v. Elnet Technologies Ltd.10 citing213 Taxmann 129 · 2013
Income Tax Appellate Tribunal, ‘B’ BENCH, CHENNAI
Before: SHRI N.R.S. GANESAN & SHRI A. MOHAN ALANKAMONY
आदेश /O R D E R
PER N.R.S. GANESAN, JUDICIAL MEMBER:
All the three appeals of the Revenue are directed against the common order passed by the Commissioner of Income Tax (Appeals) – II, Chennai, dated 03.11.2014 and pertain to assessment years 2009-10, 2010-11 and 2011-12. Since common issue arises for consideration in all these appeals, we heard these appeals together and disposing of the same by this common order.
The only issue arises for consideration in all the three appeals is with regard to deduction claimed by the assessee under Section 80-IA of the Income-tax Act, 1961 (in short 'the Act').
Shri Jayaram Raipura, the Ld. Departmental Representative, submitted that the assessee claimed deduction under Section 80-IA of the Act in respect of rental income received from building.
According to the Ld. D.R., it is not the business of the assessee to lease out the properties, therefore, the income has to be classified as income from house property. Hence, according to the Ld. D.R., the assessee is not eligible for deduction under Section 80-IA of the Act.
On the contrary, Shri Ajith Kumar Choradia, the Ld. representative for the assessee, submitted that the assessee constructed a building called “Olympia Tech Park”. It has all infrastructure facilities with all specifications and amenities required for IT park. Under normal circumstances, the rental income from property has to be classified as income from house property. In the instant case, according to the Ld. representative, the Olympia Tech Park is located in STPI notified area and CBDT also approved the building for deduction under Section 80-IA(4)(iii) of the Act by an order dated 15.11.2006. Therefore, according to the Ld. representative, when the assessee is systematically providing services to the software development companies, by providing specified area in the building and other infrastructure facility, this has to be classified as business of the assessee, therefore, according to the Ld. representative, the rental income has to be necessarily classified as “income from business”. According to the Ld. representative, the CIT(Appeals) by placing reliance on the judgment of Madras High Court in CIT v. Elnet Technologies Ltd. (2013) (213 Taxman 129), found that the income from letting out house property has to be treated as income from business, therefore, eligible for deduction under Section 80-IA of the Act. In view of the above, according to the Ld. representative, the contention of the Ld. D.R. that the income has to be classified as income from house property is not justified. Referring to the grounds of appeal raised by the assessee, the Ld. representative submitted that the judgment of Madras High Court in CIT v. Chennai Properties and Investments Ltd. (266 ITR 685) was reversed by the Apex Court, therefore, the judgment of Apex Court in Chennai Properties and Investments Ltd. would support the case of the assessee.
We have considered the rival submissions on either side and perused the relevant material available on record. It is not in dispute that the assessee established “Olympia Tech Park” for providing infrastructure facilities to software development companies. It is in STPI notified area. The only contention of the Revenue is that the income from building has to be classified as income from house property, therefore, the assessee is not eligible for deduction under Section 80-IA of the Act. The building of the assessee is not a mere building. It has infrastructure facilities for the purpose of development of software. The assessee is systematically providing services besides letting out the property.
Therefore, the judgment of Apex Court in Chennai Properties and Investments Ltd. v. CIT (2015) (373 ITR 673) would squarely applicable to the present case. Hence, this Tribunal is of the considered opinion that the income from letting out of the property has to be classified as “income from business” and the assessee is eligible for deduction under Section 80-IA of the Act. Therefore, this Tribunal do not find any reason to interfere with the order of the lower authority and accordingly the same is confirmed.
In the result, all the three appeals filed by the Revenue stand dismissed.
Order pronounced on 24th August, 2016 at Chennai.
More judgments on Section 80-IA
- ACIT-Circle 6(1)(1) Mumbai, Mumbai vs Aditya Birla Real Estate Limited, MumbaiITA 7767/MUM/2026[2013-14]Status: Disposed30 Sept 2026AY 2013-14
- ACIT-Circle6(1)(1) Mumbai., Mumbai vs Aditya Birla Real Estate Limited, MumbaiITA 7766/MUM/2026[2016-17]Status: Disposed30 Sept 2026AY 2016-17
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- State Bank of India, Mumbai vs ACIT-Circle- 2(2)(1), MumbaiITA 3429/MUM/2018[2013-14]Status: Disposed11 Sept 2026AY 2013-14
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