ghanshyam rai (Artical) (21 Points)
25 August 2019A PARTNERSHIP FIRM HAVING COMMERCIAL BUILDING AND RECEIVING RENT MORE THEN 5500000, PRINCIPAL BUSINESS IS RENTING COMMERCIAL BUILDING AS PER DEED.
1. IT IS BUSINESS INCOME OR INCOME FROM HOUSE PROPERTY
2. TAX AUDIT IS APPLICABLE OR NOT
3. SALARY AND INTEREST TO PARTNERS ALLOWED OR NOT
Dhirajlal Rambhia
(SEO Sai Gr. Hosp.)
(160604 Points)
Replied 25 August 2019
Is the building given as a whole with single agreement to a single tenant?
Suresh Thiyagarajan
(Student)
(3986 Points)
Replied 25 August 2019
1. It is important to go through a case law Chennai Properties & Investments Ltd vs. CIT (Supreme Court of India) wherein it answers the question whether renting of property comes under Income from house property or under Business income.
2. It was decided by SC in the above case that if the MOA states that the main object of the company is to rent the properties and receive a rental income on the same then such income will be taxable as "Business income" and not as "Income from House property".
3. Based on the above judgment it is clear that if the main object of the firm is to let of commercial properties and earn income out of such property then it will be rightfully be treated as business income and accordingly be charged to tax under PGBP.
4. To answer to your question,
i) Rental income will be taxed under PGBP
ii) Tax audit will not be applicable if the Gross receipts or T.O is less than Rs. 1 crore during the year.
iii) Salary and interest on capital will be allowed subject to satisfaction of conditions specified u/s 40(b).
Please correct me if the above interpretation has an alternative view.
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