M/S REPTON PROPERTIES PVT LTD.,MUMBAI vs. ITO 5(3)(1), MUMBAI

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ITA 2307/MUM/2019Status: DisposedITAT Mumbai09 August 2021AY 2012-133 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that unsold flats held as stock-in-trade are part of trading operations, and any income derived therefrom is business income, not income from house property. Therefore, notional rental value on such inventories cannot be added under the head Income from House Property.

What were the facts?

The Assessing Officer added notional rent on unsold flats held as stock-in-trade, treating it as income from house property. The CIT(A) confirmed this addition, directing a specific rental value per square foot.

What were the issues?

Whether notional rent on unsold flats held as stock-in-trade can be added as income from house property.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(1)Show 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.

Income Tax Appellate Tribunal, “D” BENCH, MUMBAI

Before: HON’BLE SHRI MAHAVIR SINGH, VP & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM

For Appellant: Shri Nikhil Pathak, Ld. AR
For Respondent: Shri Vinay Sinha, Ld. CIT-DR

O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. Aforesaid appeal by assessee for Assessment Year (AY) 2012-13 arises out of the order of learned Commissioner of Income-Tax (Appeals)-10, Mumbai [CIT(A)], dated 03/10/2018 in the matter of assessment framed by Ld. Assessing Officer (AO) u/s 143(3) of the Act on 14/11/2014.

2.

The only issue under the appeal is addition of notional rent on unsold flats held as stock-in-trade. The assessee being resident 2 M/s Repton Properties Pvt. Ltd. Assessment Year: 2012-13 corporate assessee is stated to be engaged as real estate builders & contractors etc. During assessment proceedings, Ld. AO noted that the assessee had closing inventories of unsold flats. Accordingly, relying upon the decision of Hon’ble Delhi High Court in the case of CIT V/s Ansal Housing Finance & Leasing Co. Ltd. (2013; 29 taxmann.com 303), Ld. AO computed notional rent of 8% on unsold flats which came to Rs.62.26 Lacs. After providing for statutory deduction of 30%, net notional rental income was added to the income of the assessee under the head Income from House Property. The Ld. CIT(A), while confirming the action of Ld. AO, directed him to adopt the rental value of Rs.119/- per square feet. Aggrieved, the assessee is in further appeal before us.

3.

We find that this issue has been decided in assessee’s favor in various decisions of this Tribunal, few of which are as follows: - Appellant Respondent Date A.Y. C.R. Developments Pvt. JCIT-8(1)(OSD), 4277/Mum/2012 13.05.2015 2009-10 Ltd. Mumbai Runwal Constructions ACIT Central Circle- 5408/Mum/2016 22.02.2018 2012-13 4(1) Mumbai. Progressive Homes ACIT, Circle -4(4), 5082/MUM/2016 16.05.2018 2012-13 Mumbai. ACIT, Mumbai. Haware Construction 3321/MUM/2016 31.08.2018 2009-10 Pvt. Ltd. 3172/Mum/2016 2011 -12 Haware Engineers & DCIT, Central Circle 7155/Mum/2016 10.10.2018 2012-13 Builders Pvt. Ltd, -4(2), Mumbai. Ferani Hotels Pvt. Ltd. ACIT, Central Circle - 6332/M/2016 21.12.2018 2012-13 4(1), Mumbai. Palm Grove Beach Hotels DCIT, CC 4(1) 1973/M/2019 01.07.2021 2014-15 Pvt. Ltd. Arihant Estate Pvt. Ltd. ITO 346/M/2019 06.01.2021 2014-15 In all the above decisions, it has been held that addition of notional rental value on unsold inventories of flats in case of real estate builder/

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