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

M/S. G G Associates, Pune vs. Deputy Commissioner of Income-Tax, Circle - 7, Pune

In the result, the appeal is allowed

ITA 1946/PUN/2017[2013-14]Status: DisposedITAT Pune07 Jul 2020AY 2013-14

Bench: Shri R. S. Syal, Vp & Shri Partha Sarathi Chaudhury, Jm आयकर अपील सं. / Ita No.1946/Pun/2017 िनधा"रण वष" / Assessment Year : 2013-14 M/S. G. G. Associates, San Mahu Complex 5, Bund Garden Road, Opp. Poona Club, Pune-411001. Pan: Aaffg5234G ……….. आवेदक/Applicant बनाम / V/S. Dcit, Circle-7, Pune. ..……""यथ" / Respondent Assessee By : Shri Krishana Gujarathi Revenue By : Shri Maruti W. Maddewad सुनवाई क" तारीख / Date Of Hearing : 03.07.2020 घोषणा क" तारीख / Date Of Pronouncement : 07.07.2020 आदेश / Order Per Partha Sarathi Chaudhury, Jm: This Appeal Preferred By The Assessee Emanates From The Order Of The Ld. Cit(Appeal), Pune-5 Dated 15.06.2017 For The Assessment Year 2013-14 As Per The Following Grounds Of Appeal On Record: “1) On The Facts & In The Circumstances Of The Case & In Law, The Honourable Cit (Appeal) - 5, Pune Erred In Confirming The Addition Made By The Learned Ao Of Rs. 1,26,000/- To The Income Of The Appellant Under The Head “Income From House Property” Being The Annual Letting Value Of The Unsold Units Lying As Stock In Trade Of The Appellant Without Appreciating The Fact That The Appellant Is Engaged In The Business Of Real Estate Development & The Unsold Flats Are Held As Stock In Trade & Not As Investment. The Appellant Hereby Prays That The Said Addition Of Rs.1,26,000/- May Please Be Deleted.

For Appellant: Shri Krishana GujarathiFor Respondent: Shri Maruti W. Maddewad
Section 23Section 23(4)

…ade, income there from will be chargeable under the head `Income from house property’ and not as `Business income’. It is pertinent to note that such a legal position has undergone some transformation. In Chennai Properties and Investments Ltd. Vs. CIT (2015) 373 ITR 673 (SC), the assessee whose business was to acquire properties, let out certain properties and the rental income as received therefrom was declared as business income. The AO held such income to be chargeable to tax under the head “Income from house property”. The Hon’ble Supreme Court held that the deciding factor for determining as to whether the…