CIT v. Shambhu Investment Pvt. Ltd.

249 ITR 47High Court2001#2023 most cited

What is CIT v. Shambhu Investment Pvt. Ltd. authority for?

Income from letting out immovable property, even with ancillary services, is taxable as 'Income from House Property' if the dominant intention is to exploit the property itself, not to run a complex business providing integrated services. The classification depends on the assessee's primary object in exploiting the property.

57

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2012 to 2025.

Also referred to as

CIT v. Shambhu Investment Pvt. Ltd. · 249 ITR 47 · Section 22 · Income from House Property · Business income · Dominant intention · Primary object · Exploitation of property · Letting out property with services · Rental income vs business income · Ancillary facilities · 263 ITR 143

Issues it is cited on

Judgments citing CIT v. Shambhu Investment Pvt. Ltd.

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

…ITA No 185 of 2024 and CO 12 of 2024 BBM Estates P Ltd IN THE INCOME TAX APPELLATE TRIBUNAL Visakhapatnam Benches, Visakhapatnam Before Shri Vijay Pal Rao, Vice-President A N D Shri S. Balakrishnan. Accountant Member 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:: Shr…

ADDL CIT RG 10(2), MUMBAI vs. GEOMETRIC SOFTWAR SOLUTIONS CO. LTD, MUMBAI

In the result, ground no

ITA 6219/MUM/2010[2005-06]Status: DisposedITAT Mumbai29 Jul 2022AY 2005-06

Bench: Shri Prashant Maharishi, Am & Shri Sandeep Singh Karhail, Jm M/S Geometric Software The Acit Solutions Company Ltd. Ward 10(2), [ Now Merged With Hcl Room No.432, 4Th Floor, Technologies Limited ] Vs. Aayakar Bhavan, M.K. Marg, 806, Sidharth, 96 Nehru Mumbai-400 020 Place, New Delhi 19 (Respondent) (Appellant) Pan No. Aabcg 0066 A Co No. 157/Mum/2011 (Arising In Ita No.6219/Mum/2010 For A.Y. 2005–06) M/S Geometric Software Solutions Company Ltd. The Acit (Now Gemetric Ltd.) [ Now Ward 10(2), Room No.432, 4Th Floor, Merged With Hcl Vs. Technologies Limited] Aayakar Bhavan, M.K. Marg, Mumbai-400 020 806, Sidharth, 96 Nehru Place, New Delhi 19 (Respondent) (Cross Objector) Assessee By : Shri Porus F. Kaka & Shri Manish Kanth, Ars‟ Revenue By : Shri Sumit Kumar, Dr Date Of Hearing: 21.07.2022 Date Of Pronouncement : 29.07.2022

For Appellant: Shri Porus F. Kaka &For Respondent: Shri Sumit Kumar, DR
Section 10ASection 14A

…gorically stated that provisions of Sec. 56(2)(iii) are not applicable on the facts of the case. 11. We have given a thoughtful consideration to the submissions of the rival parties. The Hon‟ble Supreme Court in the case of CIT Vs Shambu Investment Pvt. Ltd. 249 ITR 47 has held as under: “Where prime object of the assessee under the agreement was to let out the portion of the said property to various occupants by giving them additional right of using the furniture and fixtures and other common facilities for which rent was being paid month by month. Income derived from the said property is an income from propert…

GEOMETRIC SOFTWARE SOLUTINS CO. LTD ( NOW GEMETRIC LTD),MUMBAI vs. ADDL CIT RG 10(2), MUMBAI

In the result, ground no

ITA 5975/MUM/2010[2005-06]Status: DisposedITAT Mumbai29 Jul 2022AY 2005-06

Bench: Shri Prashant Maharishi, Am & Shri Sandeep Singh Karhail, Jm M/S Geometric Software The Acit Solutions Company Ltd. Ward 10(2), [ Now Merged With Hcl Room No.432, 4Th Floor, Technologies Limited ] Vs. Aayakar Bhavan, M.K. Marg, 806, Sidharth, 96 Nehru Mumbai-400 020 Place, New Delhi 19 (Respondent) (Appellant) Pan No. Aabcg 0066 A Co No. 157/Mum/2011 (Arising In Ita No.6219/Mum/2010 For A.Y. 2005–06) M/S Geometric Software Solutions Company Ltd. The Acit (Now Gemetric Ltd.) [ Now Ward 10(2), Room No.432, 4Th Floor, Merged With Hcl Vs. Technologies Limited] Aayakar Bhavan, M.K. Marg, Mumbai-400 020 806, Sidharth, 96 Nehru Place, New Delhi 19 (Respondent) (Cross Objector) Assessee By : Shri Porus F. Kaka & Shri Manish Kanth, Ars‟ Revenue By : Shri Sumit Kumar, Dr Date Of Hearing: 21.07.2022 Date Of Pronouncement : 29.07.2022

For Appellant: Shri Porus F. Kaka &For Respondent: Shri Sumit Kumar, DR
Section 10ASection 14A

…gorically stated that provisions of Sec. 56(2)(iii) are not applicable on the facts of the case. 11. We have given a thoughtful consideration to the submissions of the rival parties. The Hon‟ble Supreme Court in the case of CIT Vs Shambu Investment Pvt. Ltd. 249 ITR 47 has held as under: “Where prime object of the assessee under the agreement was to let out the portion of the said property to various occupants by giving them additional right of using the furniture and fixtures and other common facilities for which rent was being paid month by month. Income derived from the said property is an income from propert…

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