Chennai Properties & Investments Ltd. v. CIT

373 ITR 673Supreme Court of India2015#195 most cited

What is Chennai Properties & Investments Ltd. v. CIT authority for?

Income from immovable property, such as unsold flats or shops, held by an assessee as stock-in-trade in their business of acquiring and holding properties is taxable as 'business income' and not 'income from house property'. Consequently, notional annual letting value under Section 23 cannot be attributed to such stock-in-trade.

381

judgments rely on this decision, according to BharatTax’s citation analysis of 367,735 Indian tax judgments — from 2011 to 2026.

Also referred to as

Chennai Properties & Investments Ltd. v. CIT · Section 22 · Section 23 · business income · house property income · stock-in-trade · unsold flats · annual letting value · ALV · property developer

Also reported as

56 Taxmann.com 456

Issues it is cited on

Judgments citing Chennai Properties & Investments Ltd. v. CIT

DCIT, Range-3, Lucknow vs. M/S Welldone Infrastructure Pvt. Ltd., Lucknow

In the result, the appeal of the Revenue is dismissed

ITA 406/LKW/2020[2017-18]Status: DisposedITAT Lucknow22 Apr 2025AY 2017-18

Bench: Sh.Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y.2017-18 Dy. Commissioner Of Income Tax, Vs. M/S Welldone Infrastructure Range-3, Lucknow Private Limited, Lucknow Pan:Aaacw6354Q (Appellant) (Respondent) Assessee By: Sh. B.P. Yadav, Advocate Revenue By: Sh. Amit Singh Chauhan, Addl (Cit) & Sh. Sunil Kumar Rajwanshi, Addl Cit (Dr) Date Of Hearing: 10.02.2025 Date Of Pronouncement: 22.04.2025 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Revenue Against The Order Of The Ld. Cit(A)-2, Lucknow Under Section 250 Of The Income Tax Act, 1961 Allowing The Appeal Of The Assessee Against The Order Passed By The Ld. Ao Under Section 143(3) On 19.12.2019. The Grounds Of Appeal Are As Under:- “1. That The Ld. Cit(A)-2, Lucknow Has Erred In Law & On Facts In Deleting The Addition Of Rs.2,26,72,571/- Without Appreciate The Fact That The Assessee Is Involved In The Business Of Developing Properties & Selling It & Is Earning Rental Income Which Is Incidental To The "Revenue From Business Operations" Of The Assessee. 2. Ld. Cit(A) Had Erred In Law & On Facts Ignoring The Fact That The Assessee, While Filing Original Return Of Income Had Itself Considered That Rental Are In The Nature Of Revenue From Business Operations.

For Appellant: Sh. B.P. Yadav, AdvocateFor Respondent: Sh. Amit Singh Chauhan, Addl (CIT) & Sh
Section 143(3)Section 22Section 250

…IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW ‘B’BENCH, LUCKNOW BEFORE SH.SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER AND SH. NIKHIL CHOUDHARY, ACCOUNTANT MEMBER A.Y.2017-18 Dy. Commissioner of Income Tax, vs. M/s Welldone Infrastructure Range-3, Lucknow Private Limited, Lucknow PAN:AAACW6354Q (Appellant) (Respondent) Assessee by: Sh. B.P. Yadav, Advocate Revenue by: Sh. Amit Singh Chauhan, Addl (CIT) & Sh. Sunil Kumar Rajwanshi, Addl CIT (DR) Date of hearing: 10.02.2025 Date of pronouncement: 22.04.2025 O R D E R PER NIKHIL CHOUDHARY, A.M.: This is an appeal filed by the Revenue against the order of the ld. CIT(A)-2,…

Assistant Commissioner of Income Tax, Circle- 1(1), Guntur vs. Bbm Estates Private Limited, Guntur

In the result, Revenue appeal is allowed and the C

ITA 185/VIZ/2024[2020-21]Status: DisposedITAT Visakhapatnam01 Apr 2025AY 2020-21

Bench: Shri Vijay Pal Rao, Vice-A N D Shri S. Balakrishnan.आ.अपी.सं /Ita No.185/Viz/2024 (िनधा"रण वष"/Assessment Year: 2020-21) Acit Vs. Bbm Estates (P) Ltd Circle 1(1) Guntur Guntur Pan: Aaace2607G (Appellant) (Respondent) C.O No.12/Viz/2024 (Arising Out Of Ita No.1895/Viz/2024) Bbm Estates (P) Ltd Vs. Acit Guntur Circle 1(1) Pan: Aaace2607G Guntur (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri G.V.N. Hari, Ca राज" व "ारा/Revenue By:: Shri Satyasai Rath, Dr सुनवाई की तारीख/Date Of Hearing: 07/01/2025 घोषणा की तारीख/Pronouncement: 01/04/2025 आदेश/Order

For Appellant: Shri G.V.N. Hari, CAFor Respondent: : Shri Satyasai Rath, DR

…ings noted that the assessee is in the business of real estate as well as leasing out/letting out of the property etc., and therefore, in view of the judgment of the Hon'ble Supreme Court in the case of Chennai Properties & Investments Ltd vs. CIT reported in 373 ITR 673, the rental income from the business of letting out the property to be assessed as business income and not as income from house property. The learned DR has further submitted that the Hon'ble Supreme Court in case of Rayala Corporation (P) Ltd vs. ACIT reported in 386 ITR 500 has held that where the business of the company is to lease out its pro…

E M C Projects Pvt. Ltd., Kolkata vs. D.C.I.T., Circle - 7(1), Kolkata

In the result, the appeal of the assessee is allowed

ITA 1063/KOL/2024[2014-2015]Status: DisposedITAT Kolkata20 Aug 2024AY 2014-2015

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumari.T.A. No. 1063/Kol/2024 Assessment Year: 2014-2015 Emc Projects Pvt. Limited,………………..………Appellant 2, Robinson Street, Shakespeare Sarani, Kolkata-700017 [Pan:Aaace7218F] -Vs.- Deputy Commissioner Of Income Tax,………Respondent Circle-7(1), Kolkata, Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069 Appearances By: Shri S.K. Tulsiyan, Advocate, Appeared On Behalf Of The Assessee Shri Jitendra Kantilal Surti, Jcit, Sr. D.R., Appeared On Behalf Of The Revenue Date Of Concluding The Hearing : August 12, 2024 Date Of Pronouncing The Order : August 20, 2024 O R D E R

Section 142(1)Section 143(2)Section 143(3)Section 263Section 263(1)

…er section 263 on 15.03.2019, copy of this order is available on pages no. 20 to 25 of the paper book. The ld. CIT took cognizance of the judgment of the Hon’ble Supreme Court in the case of Chennai Properties & Investment Limited -vs.- CIT reported in (2015) 373 ITR 673 (SC). He set aside the assessment order and directed the ld. Assessing Officer to re-adjudicate this issue. The conclusion of the ld. CIT in this order reads as under:- “6. After having considered the position of law and facts and circumstances of the instant case, the assessment order passed by the AO is found to be erroneous and prejudicial to…

DCIT, Circle-1, Muzaffarpur vs. M/S R.P.Rai Estate Pvt Ltd, Patna

In the result, the appeal of the revenue is dismissed

ITA 28/PAT/2021[2017-18]Status: DisposedITAT Patna03 Apr 2024AY 2017-18

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Bleassessment Year: 2017-18 Dcit, Circle-1, Muzaffarpur M/S. R.P. Rai Estate Pvt. Ltd. Vs 19, Goharua, Patliputra Colony, Patliputra, Patna- 800013. Pan: Aaccr 4972 P (Appellant) (Respondent) Present For: Appellant By : Shri Sushil Kumar Mishra, Jcit, Dr Respondent By : Shri Devesh Poddar, Advocate Date Of Hearing : 19.03.2024 Date Of Pronouncement : 03.04.2024 O R D E R Per Sonjoy Sarma, Jm: This Appeal Of The Revenue For The Assessment Year 2017-18 Is Directed Against The Order Dated 29.06.2020 Passed By The Ld. Commissioner Of Income-Tax (Appeal), Patna [Hereinafter Referred To As ‘The Ld. Cit(A)’].

For Appellant: Shri Sushil Kumar Mishra, JCIT, DRFor Respondent: Shri Devesh Poddar, Advocate
Section 143(2)

…IN THE INCOME TAX APPELLATE TRIBUNAL PATNA BENCH, PATNA BEFORE DR. MANISH BORAD, HON’BLE ACCOUNTANT MEMBER AND SHRI SONJOY SARMA, HON’BLE JUDICIAL MEMBER Assessment Year: 2017-18 DCIT, Circle-1, Muzaffarpur M/s. R.P. Rai Estate Pvt. Ltd. vs 19, Goharua, Patliputra Colony, Patliputra, Patna- 800013. PAN: AACCR 4972 P (Appellant) (Respondent) Present for: Appellant by : Shri Sushil Kumar Mishra, JCIT, DR Respondent by : Shri Devesh Poddar, Advocate Date of Hearing : 19.03.2024 Date of Pronouncement : 03.04.2024 O R D E R PER SONJOY SARMA, JM: This appeal of the revenue for the assessment year 2017-18 is directe…