DELTA COLONIZERS LTD.,NEWDELHI vs. DCIT CIRCLE -7(1), NEW DELHI

ITA 1423/DEL/2019Status: DisposedITAT Delhi31 May 2023AY 2014-158 pages
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What did the Tribunal hold?

The Tribunal held that the rental income from amenities, being integral to the property and exploited by the owner, should be assessed as 'income from house property'. The rule of consistency, supported by previous years' treatment, was also considered.

What were the facts?

The assessee claimed rental income from fixtures, fittings, and amenities as 'income from house property'. The Assessing Officer treated this income as 'income from other sources', leading to a disallowance of 30% deduction. This issue had been treated as 'income from house property' in previous assessment years.

What were the issues?

Whether rental income from amenities and fixtures is to be treated as 'income from house property' or 'income from other sources', and the applicability of the rule of consistency in tax proceedings.

Which sections of the Income-tax Act were involved?

Section 24(a)

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Income Tax Appellate Tribunal, DELHI BENCH: B: NEW DELHI

Before: SHRI CHANDRA MOHAN GARG & SHRI PRADIP KUMAR KEDIA

Hearing: 02.03.2023Pronounced: 31.05.2023

PER CHANDRA MOHAN GARG, J.M. This appeal has been filed by the assessee against the order of CIT(A)-34, New Delhi dated 28.11.2018 for AY 2014-15. 2. The learned authorized representative of the assessee (AR) submitted that the assessee does not press ground no. 1 hence the same is dismissed as not pressed. Ground no. 4 & 5 of assessee are of general in nature which requires no adjudication. Remaining effects grounds 2 & 3 are as follows:- Ground no. 2 of assessee

3.

Apropos ground no. 2 the learned AR submitted that the ld. CIT(A) has erred in upholding the addition of Rs. 5,76,000/- made by the Assessing Officer on account of disallowance of 30% deduction

The order continues below.

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