ASST CIT CEN CIR 29 CEN RG 7, MUMBAI vs. ROCKFORT ESTATE DEVELOPERS P.LTD, MUMBAI

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ITA 5209/MUM/2014Status: DisposedITAT Mumbai28 September 2016AY 2011-123 pages

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

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal upheld the CIT(A)'s decision that the rental income should be assessed under the head 'Income from House Property'. This was based on a previous decision of a co-ordinate bench for earlier assessment years with identical facts.

What were the facts?

The assessee, engaged in real estate development, earned rental income from a property that could not be sold. The Assessing Officer treated this as business income, while the assessee claimed it as income from house property.

What were the issues?

The key issue was whether rental income received by a real estate developer from unsold properties should be classified as income from 'House Property' or 'Business Income'.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “D

Before: SHRI SHRI SANJAY GARG, SHRI SANJAY GARG & SHRI ASHWANI TANEJA SHRI SHRI ASHWANI TANEJA, , ,

Hearing: 28.09.2016Pronounced: 28.09.2016

O R D E R आदेश आदेश / O R D E R / O R D E R / O R D E R Per Sanjay Garg, Judicial Member: Present appeal by the Revenue is against the order of ld.CIT(A)- 40, Mumbai dated 13.5.2014 for the assessment year 2011-12.

2.

The sole issue raised in this appeal is as to whether the lease/rental income received by the assessee is to be treated as income from “House Property” or “Business Income”.

3.

The brief facts of the case are that assessee is engaged in real estate business and it had developed 'Leela Business Park' at Andheri- Kurla Road, Andheri(E). Mumbai. However, during the period, the properties could not be sold, the assessee earned rental income of Rs.28,65, 16,21 0/- from the above property under the head “Income from house property”. However, the AO treated the said income as “Business Income” of the assessee. The ld. CIT(A) allowed the appeal of the assessee and held that the rental income received by the assessee has to be assessed under the head “Income from House Property”.

4.

At the outset, the ld. AR submitted that this issue has already been considered by the Tribunal and decided against the revenue in revenue’’s appeals in (AY-2004-05) along with other six appeals from assessment years 2005-06 to 2010-11) vide order dated 6.4.2010 by holding that the income so earned by the assessee has to be treated as income from “House Property”. Both the Representatives of the parties have fairly agreed that the facts for the year under consideration are identical to that of earlier years. Hence, in the light of the decision of Co-ordinate Bench of the Tribunal in the earlier years in the own case of the assessee, wherein it has been held that the income earned by the assessee from letting of the properties is to be treated as income from

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