CIT v. Ansal Housing Finance & Leasing Co. Ltd.

354 ITR 180High Court2013#435 most cited

What is CIT v. Ansal Housing Finance & Leasing Co. Ltd. authority for?

Annual Letting Value (ALV) of unsold stock-in-trade flats/shops held by a real estate developer can be assessed under Section 22 of the Income Tax Act, 1961, as income from house property. This approach was followed by the Assessing Officer (AO) based on this decision.

208

judgments rely on this decision, according to BharatTax’s citation analysis of 367,302 Indian tax judgments — from 2011 to 2025.

Also referred to as

CIT v. Ansal Housing Finance & Leasing Co. Ltd. · Section 22 · Section 143(3) · Annual Letting Value · ALV · unsold stock-in-trade · house property income · real estate developer · stock in hand · income from house property

Also reported as

29 Taxmann.com 303213 Taxmann 143

Issues it is cited on

Judgments citing CIT v. Ansal Housing Finance & Leasing Co. Ltd.

Mahanagar Constructions, Pune vs. Income-Tax Officer, Ward - 7(2), Pune

In the result, the appeal of the assessee is allowed

ITA 623/PUN/2018[2014-15]Status: DisposedITAT Pune05 Sept 2019AY 2014-15

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अपील सं. / Ita No.623/Pun/2018 िनधा"रण वष" / Assessment Year : 2014-15 Mahanagar Constructions, S.No.129, H.No.1/2, Hari Ganga, Near Rto Office, Yerwada, Pune-411006. .......अपीलाथ" / Appellant Pan : Aajfm8909K बनाम / V/S. Ito, Ward-7(2), ……""यथ" / Respondent Pune. Assessee By : Shri Vipin Gujrathi Revenue By : Shri N. Ashok Babu सुनवाई क" तारीख / Date Of Hearing : 15.07.2019 घोषणा क" तारीख / Date Of Pronouncement : 05.09.2019 आदेश / Order Per D. Karunakara Rao, Am: This Appeal Is Filed By The Assessee Against The Order Of Cit(A)-5, Pune Dated 12.12.2017 For The Assessment Year 2014-15. 2. The Grounds Raised By The Assessee Are As Under :- “1) On The Facts & In The Circumstances Of The Case & In Law The Honorable Cit (Appeals) - 5, Pune Erred In Confirming The Addition Of Rs 11,59,200/- 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 Investments. The Appellant Hereby Prays That The Addition May Please Be Deleted. 2) Without Prejudice To Ground Of Appeal No. 1, On The Facts & In The Circumstances Of The Case & In Law The Honorable Cit (Appeals) - 5, Pune

For Appellant: Shri Vipin GujrathiFor Respondent: Shri N. Ashok Babu

…ulated by the Assessing Officer attributable to such unsold flats which were not actually rented out. From the judgements in the case of CIT vs. Sane & Doshi Enterprises, 377 ITR 165 (Bom) and in the case of CIT vs. Ansal Housing Finance And Leasing Co. Ltd., 354 ITR 180 (Delhi), the cases where the unsold flats are actually let out for earning such rent income, it is held that the rental income is taxable under the head ‘Income from house property’. In these cases, the Revenue’s argument is that such income should be taxable under the head ‘business income’. This argument of the Revenue stands rejected by the Ho…

Mansar Construction Company, Mumbai vs. Deputy Commissioner of Income Tax - Central Circle 3(3), Mumbai

In the result, the appeal filed by the assessee is hereby ordered to be dismissed

ITA 596/MUM/2018[2013-14]Status: DisposedITAT Mumbai22 May 2019AY 2013-14

Bench: Shri Shamim Yahya, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No.596/Mum/2018 (निर्धारण वर्ा / Assessment Year: 2013-14) Mansar Construction बिधम/ Dcit Central Circle-3(3) Company Air India Building, Room Vs. Rna Corporate Park, 7Th No.1923, 19Th Floor, Floor, Next To Collector’S Nariman Point, Mumbai- Office, Kalanagar, Bandra 400021. (E), Mumbai-400051. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabfm3411A (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: None Revenue By: Shri S. K. Mitra सुनवाई की तारीख / Date Of Hearing: 09/05/2019 घोषणा की तारीख /Date Of Pronouncement: 22/05/2019 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Present Appeal Against The Order Dated 01.11.2017 Passed By The Commissioner Of Income Tax (Appeals) -51, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2013- 14. 2. The Assessee Has Raised The Following Grounds: - “1. The Ld. Cit(A) Erred In Confirming The Action Of The Assessing Officer In Computing Deemed Income Under The Head Income From House Property In Respect Of Unsold Flats In Project Rna Heights. A.Y.2013-14

For Appellant: NoneFor Respondent: Shri S. K. Mitra
Section 143(1)Section 143(2)Section 22

…finding has been given in para no.5.3 which is hereby reproduced as under.:- “5.3 I have considered the facts of the case, submissions and contentions of the assessee as also the order of the AO. In the case of Ansal Housing Finance & Leasing Co. Ltd. (2013) 354 ITR 180, the Hon’ble Delhi High Court had decided an identical issue. The relevant portion of the judgement is reproduced as under.: 13. In the present case, the assessee is engaged in building activities. It argues that flats are held as part of its inventory of stock-in-trade, and are not let out. The further argument is that unlike in the other instan…