ACIT v. S N Damani Infra (P.) Ltd. (2022) 216 TTJ 252 (Chennai)(Trib.)

S. 22 : Income from house property-Business income-Rental Income earned by assessee by renting out its warehouse building, who is not in business of letting out properties, cannot be assessed as income from business or profession, but has to be assessed as income from house property. [S. 22]

The assessee company, whose main object was to provide warehouse and supply chain solutions, rented out its owned building, and declared the rental income as Income from House Property. AO, based on ancillary objects, and also considering the main object, came to conclusion that since the primary source of income is the business of providing warehouse property on rent, and the business is not of simple letting out of property to derive rental income, rental income is to be taxed as Income from business. CIT(A) disagreed with the views of AO and taxed the income under the head Income from House property, on ground that assessee  is into simple letting out premises on monthly rental without providing any amenities, which is not in the nature of systematic business activity.  On Appeal Tribunal, held that the CIT(A)’s direction to assess Income derived from letting out property under the head Income from house property is upheld. (AY.2014-15)