East India Housing and Land Development Trust Ltd. v. CIT

42 ITR 49Supreme Court of India1961#680 most cited

What is East India Housing and Land Development Trust Ltd. v. CIT authority for?

Rental income from immovable property owned by an assessee must be assessed under the head 'Income from House Property' (Section 22), even if the assessee is engaged in the business of real estate or property development and leasing. This emphasizes the mandatory classification of income under its specific statutory head.

147

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2005 to 2026.

Also referred to as

East India Housing and Land Development Trust Ltd. v. CIT · 42 ITR 49 · rental income · income from house property · Section 22 · Section 24 · business income · classification of income · real estate business · property leasing · heads of income

Sections most often in play

Section 143(3)Section 22Section 14Section 10(3)Section 132Section 153ASection 153CSection 24

Issues it is cited on

section 24(a)annual valuehouse property incomesection 194iinterest on securitiessection 22profits and gains of business or professionsection 45section 24fair market valueincome from other sourcessection 32

Judgments citing East India Housing and Land Development Trust Ltd. v. CIT

Todi Industries Private Limited, Mumbai vs. Income Tax Officer - 8(3)(2), Mumbai

ITA 895/MUM/2024[2016-17]Status: DisposedITAT Mumbai21 Aug 2024AY 2016-17
Section 115JSection 143(3)Section 22Section 37

…provided for 'income from house property' then any income in the form of other income cannot be brought to tax under any head. After referring to the judgment of the Hon'ble Supreme Court in East India Housing & Land Development Trust Ltd vs. CIT reported in 42 ITR 49(SC), he held that the ultimate test for assessing the head of income is one of dominant intention. If the primary or dominant object is to lease or let out property and derive mere rental income, such income should be assessed under this section. Conversely, if the dominant intention of the assessee is to exploit a commercial asset, the income rece…

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)

…essee. On those facts, this Court came to the conclusion that judgment of this Court in Karanpura Development Co. Ltd. v. CIT, (1962) 44 ITR 362 was applicable and the judgment of this Court in East India Housing and Land Development Trust Ltd. v. CIT, (1961) 42 ITR 49 was held to be distinguishable. In the present case, we find that situation is just the reverse. The judgment in East India Housing and Land Development Trust Ltd. which would be applicable which is discussed in para 8 of Chennai Properties & Investments Ltd. case and the reproduction thereof would bring home the point we are canvassing: “8. With t…

M/S Active Securities Limited, New Delhi vs. ITO, New Delhi

The appeals are allowed

ITA 2335/DEL/2016[2012-13]Status: DisposedITAT Delhi27 May 2024AY 2012-13

Bench: Shri G.S. Pannu, Hon’Ble & Shri Anubhav Sharma

For Appellant: Shri Puneet Agarwal, AdvFor Respondent: Shri Kanv Bali, Sr. DR
Section 143(3)Section 143(3)(ii)Section 24

…xploit the commercial asset. After going through the s 17. Lastly, the ld. DR has primarily relied two judgements in the case Shambhu Investments (P) Ltd. vs. CIT [2003] 129 Taxman 70 (SC) and East India Housing and Land Development Trust Ltd. vs. CIT [1961] 42 ITR 49 (SC). The judgement of the Hon’ble Supreme Court in the case of Shambhu Investments (P) Ltd. has been considered by the coordinate Bench in the case of M.M. Creations (supra) as relied by Ld. AR and we consider it relevant to reproduce paras 20 to 23 as below:- “20. It is settled legal position that each case has to be decided on its own facts inc…

The Principal Commissioner of Income Tax vs. Jose Thomas

ITA/56/2020HC Kerala03 Apr 2024

Bench: HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR,HONOURABLE MR. JUSTICE SYAM KUMAR V.M.

For Respondent: THE PRINCIPAL COMMISSIONER OF INCOME TAX

…t sources falling under a specific head has to be computed for the purposes of taxation in the manner provided by the appropriate section and no other. It has been further held by this court in East India Housing and Land Development Trust Ltd. v. CIT (1961) (42 ITR 49) that if the income from a source falls within a specific head, the fact that it may indirectly be covered by another head will not make the income taxable under the latter head. (See also CIT v. Chugandas and Co. (1965) 55 ITR 17 (SC). (14) Section 14 of the Income Tax Act, 1961 as it stood at the relevant time similarly provided that "all income…

The Principal Commissioner of Income Tax vs. Gracy Babu

ITA/48/2020HC Kerala03 Apr 2024

Bench: HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR,HONOURABLE MR. JUSTICE SYAM KUMAR V.M.

For Respondent: THE PRINCIPAL COMMISSIONER OF INCOME TAX

…t sources falling under a specific head has to be computed for the purposes of taxation in the manner provided by the appropriate section and no other. It has been further held by this court in East India Housing and Land Development Trust Ltd. v. CIT (1961) (42 ITR 49) that if the income from a source falls within a specific head, the fact that it may indirectly be covered by another head will not make the income taxable under the latter head. (See also CIT v. Chugandas and Co. (1965) 55 ITR 17 (SC). (14) Section 14 of the Income Tax Act, 1961 as it stood at the relevant time similarly provided that "all income…

The Principal Commissioner of Income Tax vs. Reena Jose

ITA/47/2020HC Kerala03 Apr 2024

Bench: HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR,HONOURABLE MR. JUSTICE SYAM KUMAR V.M.

For Respondent: THE PRINCIPAL COMMISSIONER OF INCOME TAX

…t sources falling under a specific head has to be computed for the purposes of taxation in the manner provided by the appropriate section and no other. It has been further held by this court in East India Housing and Land Development Trust Ltd. v. CIT (1961) (42 ITR 49) that if the income from a source falls within a specific head, the fact that it may indirectly be covered by another head will not make the income taxable under the latter head. (See also CIT v. Chugandas and Co. (1965) 55 ITR 17 (SC). (14) Section 14 of the Income Tax Act, 1961 as it stood at the relevant time similarly provided that "all income…

The Principal Commissioner of Income Tax vs. Smt.Gracy Babu

ITA/54/2020HC Kerala03 Apr 2024

Bench: HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR,HONOURABLE MR. JUSTICE SYAM KUMAR V.M.

For Respondent: THE PRINCIPAL COMMISSIONER OF INCOME TAX

…t sources falling under a specific head has to be computed for the purposes of taxation in the manner provided by the appropriate section and no other. It has been further held by this court in East India Housing and Land Development Trust Ltd. v. CIT (1961) (42 ITR 49) that if the income from a source falls within a specific head, the fact that it may indirectly be covered by another head will not make the income taxable under the latter head. (See also CIT v. Chugandas and Co. (1965) 55 ITR 17 (SC). (14) Section 14 of the Income Tax Act, 1961 as it stood at the relevant time similarly provided that "all income…

The Principal Commissioner of Income Tax vs. Jose Thomas

ITA/46/2020HC Kerala03 Apr 2024

Bench: HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR,HONOURABLE MR. JUSTICE SYAM KUMAR V.M.

For Respondent: THE PRINCIPAL COMMISSIONER OF INCOME TAX

…t sources falling under a specific head has to be computed for the purposes of taxation in the manner provided by the appropriate section and no other. It has been further held by this court in East India Housing and Land Development Trust Ltd. v. CIT (1961) (42 ITR 49) that if the income from a source falls within a specific head, the fact that it may indirectly be covered by another head will not make the income taxable under the latter head. (See also CIT v. Chugandas and Co. (1965) 55 ITR 17 (SC). (14) Section 14 of the Income Tax Act, 1961 as it stood at the relevant time similarly provided that "all income…

Dlf Cyber City Developers Ltd., Gurugram vs. DCIT, Circle-1(1), Gurugram

In the result, the appeal of the assessee is partly allowed

ITA 4865/DEL/2019[2015-16]Status: DisposedITAT Delhi29 Nov 2023AY 2015-16

Bench: Shri C. N. Prasad & Shri M. Balaganeshacit, Vs. Dlf Cyber City Developers Ltd, 3Rd Floor, B-Wing, Shopping Mall Circle-1(1), Gurugram Complex, Arjun Marg, Dkf City, Phase-I, Gurgaon, Haryana (Appellant) (Respondent) Pan: Aaccd3572H Dlf Cyber City Developers Ltd, Vs. Addl. Cit, 3Rd Floor, B-Wing, Shopping Mall Range-I, Complex, Arjun Marg, Dkf City, Gurgaon Phase-I, Gurgaon, Haryana (Appellant) (Respondent) Pan: Aaccd3572H

For Appellant: Shri R. S. Singhvi, CAFor Respondent: Shri. T. James Singson, CIT DR
Section 24Section 32(1)Section 801ASection 801A(4)

…common facilities for which rent was being charged from month to month and, therefore, income derived from said property was income from property which should be assessed as such - Held, yes c. East India Housing and Land Development Trust ltd. v. CIT [1961] 42 ITR 49 (SC) Section 22 of the Income-tax Act, 1961 [corresponding to section 9 of the Indian Income-tax Act, 1922] Income from house property :- Chargeable as - Assessment year 1953-54 - Whether income derived by assessee company from tenants of shops and stalls was income received from property falling under section 9 of 1922 Act and character of that in…

Dlf Cyber City Developers Ltd., Gurugram vs. DCIT, Circle-1(1), Gurugram

In the result, the appeal of the assessee is partly allowed

ITA 4864/DEL/2019[2014-15]Status: DisposedITAT Delhi29 Nov 2023AY 2014-15

Bench: Shri C. N. Prasad & Shri M. Balaganeshacit, Vs. Dlf Cyber City Developers Ltd, 3Rd Floor, B-Wing, Shopping Mall Circle-1(1), Gurugram Complex, Arjun Marg, Dkf City, Phase-I, Gurgaon, Haryana (Appellant) (Respondent) Pan: Aaccd3572H Dlf Cyber City Developers Ltd, Vs. Addl. Cit, 3Rd Floor, B-Wing, Shopping Mall Range-I, Complex, Arjun Marg, Dkf City, Gurgaon Phase-I, Gurgaon, Haryana (Appellant) (Respondent) Pan: Aaccd3572H

For Appellant: Shri R. S. Singhvi, CAFor Respondent: Shri. T. James Singson, CIT DR
Section 24Section 32(1)Section 801ASection 801A(4)

…common facilities for which rent was being charged from month to month and, therefore, income derived from said property was income from property which should be assessed as such - Held, yes c. East India Housing and Land Development Trust ltd. v. CIT [1961] 42 ITR 49 (SC) Section 22 of the Income-tax Act, 1961 [corresponding to section 9 of the Indian Income-tax Act, 1922] Income from house property :- Chargeable as - Assessment year 1953-54 - Whether income derived by assessee company from tenants of shops and stalls was income received from property falling under section 9 of 1922 Act and character of that in…

Dlf Cyber City Developers Ltd., Gurugram vs. DCIT, Circle-1(1), Gurugram

In the result, the appeal of the assessee is partly allowed

ITA 7407/DEL/2018[2013-14]Status: DisposedITAT Delhi29 Nov 2023AY 2013-14

Bench: Shri C. N. Prasad & Shri M. Balaganeshacit, Vs. Dlf Cyber City Developers Ltd, 3Rd Floor, B-Wing, Shopping Mall Circle-1(1), Gurugram Complex, Arjun Marg, Dkf City, Phase-I, Gurgaon, Haryana (Appellant) (Respondent) Pan: Aaccd3572H Dlf Cyber City Developers Ltd, Vs. Addl. Cit, 3Rd Floor, B-Wing, Shopping Mall Range-I, Complex, Arjun Marg, Dkf City, Gurgaon Phase-I, Gurgaon, Haryana (Appellant) (Respondent) Pan: Aaccd3572H

For Appellant: Shri R. S. Singhvi, CAFor Respondent: Shri. T. James Singson, CIT DR
Section 24Section 32(1)Section 801ASection 801A(4)

…common facilities for which rent was being charged from month to month and, therefore, income derived from said property was income from property which should be assessed as such - Held, yes c. East India Housing and Land Development Trust ltd. v. CIT [1961] 42 ITR 49 (SC) Section 22 of the Income-tax Act, 1961 [corresponding to section 9 of the Indian Income-tax Act, 1922] Income from house property :- Chargeable as - Assessment year 1953-54 - Whether income derived by assessee company from tenants of shops and stalls was income received from property falling under section 9 of 1922 Act and character of that in…

ACIT, Circle-1(1), Gurugram vs. Dlf Cyber City Developers Ltd., Gurugram

In the result, the appeal of the assessee is partly allowed

ITA 1451/DEL/2018[2012-13]Status: DisposedITAT Delhi29 Nov 2023AY 2012-13

Bench: Shri C. N. Prasad & Shri M. Balaganeshacit, Vs. Dlf Cyber City Developers Ltd, 3Rd Floor, B-Wing, Shopping Mall Circle-1(1), Gurugram Complex, Arjun Marg, Dkf City, Phase-I, Gurgaon, Haryana (Appellant) (Respondent) Pan: Aaccd3572H Dlf Cyber City Developers Ltd, Vs. Addl. Cit, 3Rd Floor, B-Wing, Shopping Mall Range-I, Complex, Arjun Marg, Dkf City, Gurgaon Phase-I, Gurgaon, Haryana (Appellant) (Respondent) Pan: Aaccd3572H

For Appellant: Shri R. S. Singhvi, CAFor Respondent: Shri. T. James Singson, CIT DR
Section 24Section 32(1)Section 801ASection 801A(4)

…common facilities for which rent was being charged from month to month and, therefore, income derived from said property was income from property which should be assessed as such - Held, yes c. East India Housing and Land Development Trust ltd. v. CIT [1961] 42 ITR 49 (SC) Section 22 of the Income-tax Act, 1961 [corresponding to section 9 of the Indian Income-tax Act, 1922] Income from house property :- Chargeable as - Assessment year 1953-54 - Whether income derived by assessee company from tenants of shops and stalls was income received from property falling under section 9 of 1922 Act and character of that in…

Dlf Cyber City Developers Ltd., Gurugram vs. DCIT, Circle-1, Gurugram

In the result, the appeal of the assessee is partly allowed

ITA 1399/DEL/2018[2012-13]Status: DisposedITAT Delhi29 Nov 2023AY 2012-13

Bench: Shri C. N. Prasad & Shri M. Balaganeshacit, Vs. Dlf Cyber City Developers Ltd, 3Rd Floor, B-Wing, Shopping Mall Circle-1(1), Gurugram Complex, Arjun Marg, Dkf City, Phase-I, Gurgaon, Haryana (Appellant) (Respondent) Pan: Aaccd3572H Dlf Cyber City Developers Ltd, Vs. Addl. Cit, 3Rd Floor, B-Wing, Shopping Mall Range-I, Complex, Arjun Marg, Dkf City, Gurgaon Phase-I, Gurgaon, Haryana (Appellant) (Respondent) Pan: Aaccd3572H

For Appellant: Shri R. S. Singhvi, CAFor Respondent: Shri. T. James Singson, CIT DR
Section 24Section 32(1)Section 801ASection 801A(4)

…common facilities for which rent was being charged from month to month and, therefore, income derived from said property was income from property which should be assessed as such - Held, yes c. East India Housing and Land Development Trust ltd. v. CIT [1961] 42 ITR 49 (SC) Section 22 of the Income-tax Act, 1961 [corresponding to section 9 of the Indian Income-tax Act, 1922] Income from house property :- Chargeable as - Assessment year 1953-54 - Whether income derived by assessee company from tenants of shops and stalls was income received from property falling under section 9 of 1922 Act and character of that in…

Dlf Cyber City Developers Ltd., Gurgaon vs. Addl. CIT, Gurgaon

In the result, the appeal of the assessee is partly allowed

ITA 3692/DEL/2017[2011-12]Status: DisposedITAT Delhi29 Nov 2023AY 2011-12

Bench: Shri C. N. Prasad & Shri M. Balaganeshacit, Vs. Dlf Cyber City Developers Ltd, 3Rd Floor, B-Wing, Shopping Mall Circle-1(1), Gurugram Complex, Arjun Marg, Dkf City, Phase-I, Gurgaon, Haryana (Appellant) (Respondent) Pan: Aaccd3572H Dlf Cyber City Developers Ltd, Vs. Addl. Cit, 3Rd Floor, B-Wing, Shopping Mall Range-I, Complex, Arjun Marg, Dkf City, Gurgaon Phase-I, Gurgaon, Haryana (Appellant) (Respondent) Pan: Aaccd3572H

For Appellant: Shri R. S. Singhvi, CAFor Respondent: Shri. T. James Singson, CIT DR
Section 24Section 32(1)Section 801ASection 801A(4)

…common facilities for which rent was being charged from month to month and, therefore, income derived from said property was income from property which should be assessed as such - Held, yes c. East India Housing and Land Development Trust ltd. v. CIT [1961] 42 ITR 49 (SC) Section 22 of the Income-tax Act, 1961 [corresponding to section 9 of the Indian Income-tax Act, 1922] Income from house property :- Chargeable as - Assessment year 1953-54 - Whether income derived by assessee company from tenants of shops and stalls was income received from property falling under section 9 of 1922 Act and character of that in…

M/S Sanofi India Ltd (Formerly Known As Aventis Pharma Ltd, Mumbai vs. The ACIT RG 8(1), Mumbai

In the result, appeal filed by the Revenue is dismissed

ITA 1606/MUM/2007[2003-2004]Status: DisposedITAT Mumbai31 Oct 2023AY 2003-2004

Bench: Shri Vikas Awasthy, Hon’Ble & Shri S. Rifaur Rahman, Hon'Ble

Section 271(1)(c)

…O to calculate deduction u/s.80HHC without reducing 90% of the DEPB license sold without appreciating the facts of the case. This issue has been decided in favour of the assessee by the decision of Hon'ble Supreme Court in the case of Topman Exports Vs. CIT, 342 ITR 49 (SC), wherein the Hon'ble Supreme Court has held as under :- Page No.| 51 ITA.NO.1606 & 1302/MUM/2007 (A.Y: 2003-04) ITA.NO.1128/MUM/2009 (A.Y. 2003-04) ITA.NO. 5939 & 6548/MUM/2010 (A.Y. 2004-05) ITA.NO. 6745/MUM/2013 (A.Y. 2004-05) M/s. Sanofi India Ltd The aforesaid discussion would show that where an assessee has an export turnover exceeding…

ACIT- 3(1)(1), Mumbai vs. Mm/S Sanofi India Limited (Formerly Known As Aventis Pharma Ltd)., Mumbai

In the result, appeal filed by the Revenue is dismissed

ITA 1302/MUM/2007[2003-2004]Status: DisposedITAT Mumbai31 Oct 2023AY 2003-2004

Bench: Shri Vikas Awasthy, Hon’Ble & Shri S. Rifaur Rahman, Hon'Ble

Section 271(1)(c)

…O to calculate deduction u/s.80HHC without reducing 90% of the DEPB license sold without appreciating the facts of the case. This issue has been decided in favour of the assessee by the decision of Hon'ble Supreme Court in the case of Topman Exports Vs. CIT, 342 ITR 49 (SC), wherein the Hon'ble Supreme Court has held as under :- Page No.| 51 ITA.NO.1606 & 1302/MUM/2007 (A.Y: 2003-04) ITA.NO.1128/MUM/2009 (A.Y. 2003-04) ITA.NO. 5939 & 6548/MUM/2010 (A.Y. 2004-05) ITA.NO. 6745/MUM/2013 (A.Y. 2004-05) M/s. Sanofi India Ltd The aforesaid discussion would show that where an assessee has an export turnover exceeding…

The ACIT, Corp Circle-1(2), Kochi vs. M/S.Knowell Realtors India P. Ltd, Kochi

In the result, the Revenue’s appeals are allowed

ITA 193/COCH/2019[2015-16]Status: DisposedITAT Cochin25 Sept 2023AY 2015-16

Bench: Shri Sanjay Arora, Am &Shri Manomohan Das, Jm

For Appellant: Sri. Santosh P. Abraham, AdvFor Respondent: Smt.J.M.Jamuna Devi, Sr.DR
Section 143(3)Section 268A

…sessee at any time during the previous year: 4.2 We may next consider the law in the matter as explained and expounded by the Hon’ble Apex Court over the years.We extract from its observations in East India Housing & Land Development Trust Ltd. vs. CIT [1961] 42 ITR 49 (SC), one of the earliest by it, as under, to place the issue in context: ‘Income-tax is undoubtedly levied on the total taxable income of the taxpayer and the tax levied is a single tax on the aggregate taxable receipts from all the sources; it is not a collection of taxes separately levied on distinct heads of income. But the distinct heads speci…

The ACIT, Corp Circle-1(2), Kochi vs. M/S.Knowell Realtors India P. Ltd, Kochi

In the result, the Revenue’s appeals are allowed

ITA 192/COCH/2019[2012-13]Status: DisposedITAT Cochin25 Sept 2023AY 2012-13

Bench: Shri Sanjay Arora, Am &Shri Manomohan Das, Jm

For Appellant: Sri. Santosh P. Abraham, AdvFor Respondent: Smt.J.M.Jamuna Devi, Sr.DR
Section 143(3)Section 268A

…sessee at any time during the previous year: 4.2 We may next consider the law in the matter as explained and expounded by the Hon’ble Apex Court over the years.We extract from its observations in East India Housing & Land Development Trust Ltd. vs. CIT [1961] 42 ITR 49 (SC), one of the earliest by it, as under, to place the issue in context: ‘Income-tax is undoubtedly levied on the total taxable income of the taxpayer and the tax levied is a single tax on the aggregate taxable receipts from all the sources; it is not a collection of taxes separately levied on distinct heads of income. But the distinct heads speci…

Tulsidas V. Patel Pvt Ltd, Mumbai vs. Dy. Commissioner of Income Tax 5(3)(2), Mumbai

ITA 556/MUM/2023[2012-2013]Status: DisposedITAT Mumbai11 Aug 2023AY 2012-2013
For Appellant: Shri Prakash K. JotwaniFor Respondent: Ms. Richa Gulati
Section 143(3)(ii)Section 234B

…Bombay High Court in the case of Mangla Homes Pvt. Ltd. Vs. ITO: (2010) 321 ITR 281 (Bom.) and placing reliance on the judgment of the Hon‟ble Supreme Court in the case of East India Housing & Land Development Trust Ltd. Vs. Commissioner of Income Tax: (1961) 42 ITR 49 (SC), the Assessing Officer concluded that Leave & License Fee received by the Appellant from the occupants was assessable under the head „Income from House Property‟. The Assessing Officer further concluded that since the Appellant had not carried out any business activities during the relevant previous year, the loss under the head „Profits & Gai…

DCIT 5(3)(1), Mumbai vs. West Pioneer Properties (India) Private Limited, Mumbai

In the result, the appeal filed by the revenue stand dismissed and the cross objection filed by the assessee is allowed for statistical purposes

ITA 1333/MUM/2023[2018-2019]Status: DisposedITAT Mumbai26 Jul 2023AY 2018-2019

Bench: Shri Aby T Varkey & Shri Amarjit Singhdcit 5(3)(1) Vs. West Pioneer Properties Room No. 573, (India) Private Limited Aayakar Bhawan, 1002, 10Th Floor, Tower- Mumbai- 400 020 3, Indiabulls Finance Centre, Elphinstone Road, Mumbai - 400013 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaacw5756A Appellant .. Respondent

For Appellant: Kishore DhuleFor Respondent: Vijay Mehta
Section 143(2)Section 143(3)

…of the revenue. 4. During the course of appellate proceedings before us the ld. D.R supported the order of assessing officer and also relied on the decision of Hon’ble Supreme Court in the case of East India Housing & Land Development Trust Limited Vs. CIT (42 ITR 49). On the other hand, the ld. A.R contended that in the assessment order 2008-09 the assessing officer has accepted the claim of the assesse of treating the income from managing the mall as income from business and profession and Hon’ble Bombay High Court has dismissed the appeal of the revenue as a defective appeal because defect were not removed…