Y. S. & Co-owners v. ITO [2024] 301 Taxman 647 (P& H)(HC)

S. 4 : Charge of income-tax-Rental income-Property owned by Co-Owners-Association of persons-Maximum marginal rate-Rental income received by co-owners is to be assessed as income from AOP and not in hands of assessee as income from house property under section 22-Order of Tribunal is affirmed. [S.2(31), 22, 26, 167B(2)(i), 260A]

Assessee and other co-owners purchased property in their names and thereafter constructed godowns and plinths which were rented out to two companies. Assessee received rental income from these companies and deposited it in a joint bank account held by all co-owners. Assessing Officer assessed rental income received by co-owners as income from AOP under section 4.  Tribunal held that the Income assessable as an AOP. On appeal the Court held that   rental income  being paid by Government companies jointly in hands of co-owners treating them as a single land lord and amount was also being deposited in single account .There was no defined share to rental income and AOP had jointly received income. Accordingly the  rental income received by co-owners is  to be assessed as income from AOP and not in hands of assessee as income from house property under section 22.  (AY. 2005-06)