Kapoor Brothers v. Union of India

249 ITR 7Reported decision2001#3405 most cited

What is Kapoor Brothers v. Union of India authority for?

The primary object of the assessee in exploiting an immovable property determines whether income derived from it is assessable as income from property. If the main intention is letting out the property, it's rental income.

35

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2016 to 2024.

Also referred to as

Kapoor Brothers v. Union of India · 249 ITR 7 · income from property · primary object · letting out property · rental income · assessment of income · exploitation of property

Judgments citing Kapoor Brothers v. Union of India

OM PRAKASH SINGH,ALLAHABAD vs. ACIT, CENTRAL CIRCLE, , ALLAHABAD

In the result, the appeal is partly allowed

ITA 114/ALLD/2023[2017-18]Status: DisposedITAT Allahabad27 Dec 2024AY 2017-18

Bench: Sh. Udayan Das Gupta & Sh. Nikhil Choudharya.Y. 2017-18 Om Prakash Singh, Vs. Assistant Commissioner Of 147A/2, Tagore Town, J.L.N. Income Tax, Central Circle, Road, Allahabad, U.P. Allahabad, U.P. Pan:Aiepp0574G (Appellant) (Respondent) Assessee By: Sh. Ashish Bansal, Adv Revenue By: Sh. A.K. Singh, Sr. Dr Date Of Hearing: 01.10.2024 Date Of Pronouncement: 27.12.2024 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Against The Order Of The Ld. Cit(A)-, Lucknow-3, Dated 11.07.2023 Passed Under Section 250 Of The Income Tax Act, 1961. The Grounds Of Appeal Preferred Are As Under:- “1. Because Proceeding Under Section 147 Of The Act By Issuance Of Notice Dated 30.03.2021 Under Section 148 On The Basis Of D.V.O. Report His Only Erroneous & Bad, Assessment Order Dated 23.03.2022 Passed In Consequence Of Said Proceeding Is Wholly Without Jurisdiction, Accordingly, The Entire Proceeding In Consequence Of Notice Dated 30.03.2021 Are Vitiated & Not Maintainable. Without Prejudice To The Aforesaid 2. Because The Addition Of Rs.9,26,796/- Made By The Ld. Assessing Officer On Account Of Alleged Difference In The Valuation Of Office Building Between The Value Appearing In The Audited Books Of Account As Compared To The Valuation Made By The D.V.O., As Also Confirm By The Id. Cit(A), Is Wholly Erroneous As The Report Of The Valuation Officer Is An Estimate & The Same

For Appellant: Sh. Ashish Bansal, AdvFor Respondent: Sh. A.K. Singh, Sr. DR
Section 115BSection 133ASection 142(1)Section 143(3)Section 147Section 148Section 250Section 69

…petition of the assessee against the reopening of the assessment on the basis of the DVO’s report was rejected. The following case laws were also relied upon. i. CIT vs. Achamma Chacko [2010] 326 ITR 258 (Kerela) ii. Vippy Processors Pvt. Ltd., vs. CIT [2001] 249 ITR 7 (M.P.) The ld. DR also submitted that a paper book containing judgments supporting the proposition that only those original assessments which were completed and became final and conclusive on or before 30.09.2004, were excluded from the ambit of section 142A and that sufficiency or adequacy of reasons recorded under section 148 or the correctness o…

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