1 Indramani Bai & Another v. Addl.ClT (SC)

200 ITR 594Supreme Court of India1993#5225 most cited

What is 1 Indramani Bai & Another v. Addl.ClT (SC) authority for?

Acquiring land with the intention of selling it after development constitutes a business venture, resulting in profit that is taxable as business income. This is because the activity is undertaken with a view to profit and can only be described as a business venture.

22

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2015 to 2024.

Also referred to as

Indramani Bai & Another v. Addl. CIT · business venture · adventure in the nature of trade · taxable as business income · profit from development and sale of land · income-tax act

Judgments citing 1 Indramani Bai & Another v. Addl.ClT (SC)

DCIT - 8(3)(1), MUMBAI vs. NOSHIR D. TALATI, MUMBAI

In the result, both appeal of the Revenue and cross objection of the assessee are dismissed

ITA 2306/MUM/2016[2008-09]Status: DisposedITAT Mumbai23 Apr 2018AY 2008-09

Bench: Shri C.N. Prasad, Hon'Ble & Shri Manjunatha, Hon'Bledy. C.I.T – 8(3)(1) V. Noshir D. Talati Room No. 615, 6Th Floor, 96-D, Villa Modern, Aayakar Bhavan, M.K. Road, Worli Sea Face, Worli, Mumbai-400 020 Mumbai – 400 018 Pan No: Aaapt 6890 R (Appellant) (Respondent) Co No.295/Mum/2017 [Arising Out Of Ita No.2306/Mum/2016 (A.Y: 2008-09)] Noshir D. Talati V. Dy. C.I.T – 8(3)(1) 96-D, Villa Modern, Room No. 615, 6Th Floor, Worli Sea Face, Worli, Aayakar Bhavan, M.K. Road, Mumbai – 400 018 Mumbai-400 020 Pan No: Aaapt 6890 R (Appellant) (Respondent)

For Appellant: Shri B.V. JhaveriFor Respondent: Shri V. Vidhyadhar
Section 142Section 143(3)Section 147Section 148

…oshir D. Talati sold for ₹.2.58 Crores opting for indexation and long term capital gain of ₹.1,10,78,586/- being half share was offered for taxation. The Assessing Officer referring to the decision of Supreme court in the case Indramani Bai & another v. ACIT [200 ITR 594] and G Venkatswami Naidu & Co. v. CIT [35 ITR 594], he came to the conclusion that sale of land after plotting is a business venture and therefore the sale proceeds should have been assessed as business income instead of capital gains and therefore he was of the view that there is loss of revenue which escaped assessment. Accordingly notice u/s 1…

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1 Indramani Bai & Another v. Addl.ClT (SC) (200 ITR 594) — Cited in 22 Judgments | BharatTax