Azimganj Estate Pvt. Ltd. v. CIT

352 ITR 82High Court2013#9016 most cited

What is Azimganj Estate Pvt. Ltd. v. CIT authority for?

Rental income from unsold flats in a construction business is assessable as income from house property, not business income. Consequently, deductions under section 24(a) are allowable.

12

judgments rely on this decision, according to BharatTax’s citation analysis of 366,314 Indian tax judgments — from 2015 to 2025.

Also referred to as

Azimganj Estate Pvt. Ltd. v. CIT · income from house property · rental income · unsold flats · construction business · section 14 · section 22 · section 24(a)

Sections most often in play

Section 133(6)Section 14Section 14(2)Section 14ASection 22Section 24(a)Section 36(1)(iii)

Issues it is cited on

section 23aretention moneysection 145(1)section 211section 115baasection 28(iv)section 145(2)project completion methodsection 43csection 35dpercentage completion methodsection 129

Judgments citing Azimganj Estate Pvt. Ltd. v. CIT

DCIT, Circle-7(1), Delhi vs. Dlf Limited, Delhi

In the result, appeal of the Revenue is dismissed

ITA 715/DEL/2024[2021-22]Status: DisposedITAT Delhi30 Oct 2025AY 2021-22

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwal

Section 142(1)Section 143(2)Section 143(3)Section 14A

…tion under section24(a) of the IT Act. Hence, the addition made by the ASSESSING OFFICER of Rs. 13,82,35,746/- is deleted. In this regard, reliance is placed on the judgment of Hon’ble Kolkata High Court in the case of Azimganj Estate Pvt. Ltd. vs. CIT [2013] 352 ITR 82 (Cal):- Income from house property- lncome from business - Construction Business- Rental Income from unsold Flats- Assessable as Income from house Property- Income Tax Act- ss, 14, 22. The facts ofAheJ0ove cited judicial pronouncements are identical with the facts of appellant's case, therefore, ratio of the said judgment is squarely applicable in…

DCIT, Circle-7(1), Delhi vs. Dlf Limited, Delhi

In the result, appeal of the Revenue is dismissed

ITA 714/DEL/2024[2020-21]Status: DisposedITAT Delhi30 Oct 2025AY 2020-21

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwal

Section 142(1)Section 143(2)Section 143(3)Section 14A

…tion under section24(a) of the IT Act. Hence, the addition made by the ASSESSING OFFICER of Rs. 13,82,35,746/- is deleted. In this regard, reliance is placed on the judgment of Hon’ble Kolkata High Court in the case of Azimganj Estate Pvt. Ltd. vs. CIT [2013] 352 ITR 82 (Cal):- Income from house property- lncome from business - Construction Business- Rental Income from unsold Flats- Assessable as Income from house Property- Income Tax Act- ss, 14, 22. The facts ofAheJ0ove cited judicial pronouncements are identical with the facts of appellant's case, therefore, ratio of the said judgment is squarely applicable in…

DCIT, Circle-7(1), Delhi vs. Dlf Limited, Delhi

In the result, appeal of the Revenue is dismissed

ITA 713/DEL/2024[2019-20]Status: DisposedITAT Delhi30 Oct 2025AY 2019-20

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwal

Section 142(1)Section 143(2)Section 143(3)Section 14A

…tion under section24(a) of the IT Act. Hence, the addition made by the ASSESSING OFFICER of Rs. 13,82,35,746/- is deleted. In this regard, reliance is placed on the judgment of Hon’ble Kolkata High Court in the case of Azimganj Estate Pvt. Ltd. vs. CIT [2013] 352 ITR 82 (Cal):- Income from house property- lncome from business - Construction Business- Rental Income from unsold Flats- Assessable as Income from house Property- Income Tax Act- ss, 14, 22. The facts ofAheJ0ove cited judicial pronouncements are identical with the facts of appellant's case, therefore, ratio of the said judgment is squarely applicable in…

Dlf Limited, Delhi vs. National Faceless Assessment Centre, Delhi

In the result, appeal of the Revenue is dismissed

ITA 677/DEL/2024[2021-22]Status: DisposedITAT Delhi30 Oct 2025AY 2021-22

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwal

Section 142(1)Section 143(2)Section 143(3)Section 14A

…tion under section24(a) of the IT Act. Hence, the addition made by the ASSESSING OFFICER of Rs. 13,82,35,746/- is deleted. In this regard, reliance is placed on the judgment of Hon’ble Kolkata High Court in the case of Azimganj Estate Pvt. Ltd. vs. CIT [2013] 352 ITR 82 (Cal):- Income from house property- lncome from business - Construction Business- Rental Income from unsold Flats- Assessable as Income from house Property- Income Tax Act- ss, 14, 22. The facts ofAheJ0ove cited judicial pronouncements are identical with the facts of appellant's case, therefore, ratio of the said judgment is squarely applicable in…

Dlf Limited, Delhi vs. National Faceless Assessment Centre, Delhi

In the result, appeal of the Revenue is dismissed

ITA 676/DEL/2024[2020-21]Status: DisposedITAT Delhi30 Oct 2025AY 2020-21

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwal

Section 142(1)Section 143(2)Section 143(3)Section 14A

…tion under section24(a) of the IT Act. Hence, the addition made by the ASSESSING OFFICER of Rs. 13,82,35,746/- is deleted. In this regard, reliance is placed on the judgment of Hon’ble Kolkata High Court in the case of Azimganj Estate Pvt. Ltd. vs. CIT [2013] 352 ITR 82 (Cal):- Income from house property- lncome from business - Construction Business- Rental Income from unsold Flats- Assessable as Income from house Property- Income Tax Act- ss, 14, 22. The facts ofAheJ0ove cited judicial pronouncements are identical with the facts of appellant's case, therefore, ratio of the said judgment is squarely applicable in…

DCIT, Circle-7(1), Delhi vs. Dlf Limited, Delhi

In the result, the appeal filed by the assessee stand allowed for statistical purposes

ITA 712/DEL/2024[2018-19]Status: DisposedITAT Delhi06 Nov 2024AY 2018-19

Bench: SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER, SHRI SUDHIR PAREEK, JUDICIAL MEMBER | ITA NO. 674/Del/2024 | | A.YR.: 2018-19 | | DLF LIMITED, | | 9TH FLOOR, DLF CENTRE, | | SANSAD MARG, | | NEW DELHI – 110 001 | | (PAN: AAACD3494N) | | (APPELLANT) | | VS. NATIONAL FACELESS ASSESSMENT CENTRE, NEW DELHI | | (RESPONDENT) | AND | ITA NO. 712/DEL/2024 | | AY 2018-19 | | DCIT, CIRCLE 7(1), | | NEW DELHI | | ROOM NO. 404, 4TH FLOOR, | | C.R. BUILDING, | | I.P. ESTATE, NEW DELHI – 2 | | (RESPONDENT) | | VS.

For Appellant: Sh. Satya Jeet Goyal, CAFor Respondent: Sh. Surender Pal, CIT(DR) & Ms
Section 14A

…tion under section24(a) of the IT Act. Hence, the addition made by the ASSESSING OFFICER of Rs. 13,82,35,746/- is deleted. In this regard, reliance is placed on the judgment of Hon’ble Kolkata High Court in the case of Azimganj Estate Pvt. Ltd. vs. CIT [2013] 352 ITR 82 (Cal):- Income from house property-lncome from business - Construction Business- Rental Income from unsold Flats- Assessable as Income from house Property- Income Tax Act- ss, 14, 22. The facts ofAheJ0ove cited judicial pronouncements are identical with the facts of appellant's case, therefore, ratio of the said judgment is squarely applicable in…

Dlf Limited, New Delhi vs. National Faceless Assessment Centre, New Delhi

In the result, the appeal filed by the assessee stand allowed for statistical purposes

ITA 674/DEL/2024[2018-19]Status: DisposedITAT Delhi06 Nov 2024AY 2018-19

Bench: SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER, SHRI SUDHIR PAREEK (Judicial Member)

For Appellant: Sh. Satya Jeet Goyal, CAFor Respondent: Sh. Surender Pal, CIT(DR) & Ms
Section 14A

…tion under section24(a) of the IT Act. Hence, the addition made by the ASSESSING OFFICER of Rs. 13,82,35,746/- is deleted. In this regard, reliance is placed on the judgment of Hon’ble Kolkata High Court in the case of Azimganj Estate Pvt. Ltd. vs. CIT [2013] 352 ITR 82 (Cal):- Income from house property-lncome from business - Construction Business- Rental Income from unsold Flats- Assessable as Income from house Property- Income Tax Act- ss, 14, 22. The facts ofAheJ0ove cited judicial pronouncements are identical with the facts of appellant's case, therefore, ratio of the said judgment is squarely applicable in…

Shri Pramod Kumar Sethi, Indore vs. The ACIT 3(1), Indore

In the result appeal filed by the revenue being I

ITA 392/IND/2014[2006-07]Status: DisposedITAT Indore06 Nov 2018AY 2006-07

Bench: Shri Kul Bharat & Shri Manish Borad

Section 133ASection 143(2)Section 143(3)Section 24Section 68

…e and has not raised this issue during the course of assessment proceedings. 8. Ld. Counsel for the assesee relied on following judgments; i) East India Housing and Land Development Trust Ltd. V(1961) 42 ITR 49 (S.C) ii) Azimganj Estate Pvt. Ltd Vs CIT (2013) 352 ITR 82(Cal) iii) New Delhi Hotels Ltd. V(2014) 360 ITR 187 (Del) 24 Per contra Ld. Departmental Representative vehemently argued and supporting the orders of both the lower authorities. 25. We have heard rival contentions and perused the records placed before us. The sole grievance of the assessee relates to the eligibility of the deduction u/s 24 o…

The ACIT, 3(1), Indore vs. Shri Pramod Kumar Sethi, Indore

In the result appeal filed by the revenue being I

ITA 383/IND/2014[2007-08]Status: DisposedITAT Indore06 Nov 2018AY 2007-08

Bench: Shri Kul Bharat & Shri Manish Borad

Section 133ASection 143(2)Section 143(3)Section 24Section 68

…e and has not raised this issue during the course of assessment proceedings. 8. Ld. Counsel for the assesee relied on following judgments; i) East India Housing and Land Development Trust Ltd. V(1961) 42 ITR 49 (S.C) ii) Azimganj Estate Pvt. Ltd Vs CIT (2013) 352 ITR 82(Cal) iii) New Delhi Hotels Ltd. V(2014) 360 ITR 187 (Del) 24 Per contra Ld. Departmental Representative vehemently argued and supporting the orders of both the lower authorities. 25. We have heard rival contentions and perused the records placed before us. The sole grievance of the assessee relates to the eligibility of the deduction u/s 24 o…

The ACIT, 3(1), Indore vs. Shri Pramod Kumar Sethi, Indore

In the result appeal filed by the revenue being I

ITA 382/IND/2014[2006-07]Status: DisposedITAT Indore06 Nov 2018AY 2006-07

Bench: Shri Kul Bharat & Shri Manish Borad

Section 133ASection 143(2)Section 143(3)Section 24Section 68

…e and has not raised this issue during the course of assessment proceedings. 8. Ld. Counsel for the assesee relied on following judgments; i) East India Housing and Land Development Trust Ltd. V(1961) 42 ITR 49 (S.C) ii) Azimganj Estate Pvt. Ltd Vs CIT (2013) 352 ITR 82(Cal) iii) New Delhi Hotels Ltd. V(2014) 360 ITR 187 (Del) 24 Per contra Ld. Departmental Representative vehemently argued and supporting the orders of both the lower authorities. 25. We have heard rival contentions and perused the records placed before us. The sole grievance of the assessee relates to the eligibility of the deduction u/s 24 o…

DCIT, Cir-13(1), Kolkata vs. Calcutta Mumbai Truck Terminal Ltd., Howrah

In the result, the appeal of the revenue is dismissed

ITA 844/KOL/2016[2011-2012]Status: DisposedITAT Kolkata01 Mar 2018AY 2011-2012

Bench: Shri N. V. Vasudevan, Hon’Ble & Shri Waseem Ahmed, Hon’Ble] I.T.A. No. 844/Kol/2016 Assessment Year: 2011-12 Deputy Commissioner Of Income Tax, Circle-13(1), Kolkata.……………………..….Appellant Ayakar Bhavan Poorva 6Th Floor R. No. 610 110, Shantipally Kolkata – 700 107 Calcutta Mumbai Truck Terminal Ltd………………………………………………….……...Respondent 545, G.T. Road (South) Howrah - 711102 [Pan : Aabcc 0747 Q] Appearances By: Shri R.S. Sahay, Fca, Appeared On Behalf Of The Assessee. Shri S. Dasgupta, Addl. Cit, Dr Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : February 20Th, 2018 Date Of Pronouncing The Order : 1St March, 2018 O R D E R Per N.V. Vasudevan :-

Section 22Section 250Section 80

…IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA ‘B’ BENCH, KOLKATA [Before Shri N. V. Vasudevan, Hon’ble Judicial Member & Shri Waseem Ahmed, Hon’ble Accountant Member] I.T.A. No. 844/Kol/2016 Assessment Year: 2011-12 Deputy Commissioner of Income Tax, Circle-13(1), Kolkata.……………………..….Appellant Ayakar Bhavan Poorva 6th Floor R. No. 610 110, Shantipally Kolkata – 700 107 Calcutta Mumbai Truck Terminal Ltd………………………………………………….……...Respondent 545, G.T. Road (South) Howrah - 711102 [PAN : AABCC 0747 Q] Appearances by: Shri R.S. Sahay, FCA, appeared on behalf of the assessee. Shri S. Dasgupta, Addl. CIT, DR appearing…

DCIT, Circle-1, Kolkata vs. M/S. Calcutta Mumbai Truck Terminal Ltd, Howrah

Accordingly, the ground no. 2 raised by the revenue is dismissed

ITA 1189/KOL/2012[2007-08]Status: DisposedITAT Kolkata30 Oct 2015AY 2007-08

Bench: : Shri S.S. Viswanethra Ravi

For Appellant: Shri R.S Sahay, FCA,, ld.ARFor Respondent: Shri Sanjay Mukherjee, JCIT,ld.DR
Section 143(3)

…ars, he stated that the unsold godowns were duly sold in the subsequent years and business income offered by the assessee. Before us, the counsel relied on the decision of the Jurisdictional High Court in the case of Azimganj Estate (P) Ltd vs CIT reported in 352 ITR 82 (Cal) , wherein it was held as below:- “11. In our opinion, we would have accepted the reasoning assigned by the Tribunal if the subject matter of stock-in-trade was not unsold flats simplicitor, but were plants, machinery, godown, etc and in those circumstances it could be reasonably argued that income by exploiting those stock-in-trade would com…