Raj Dadarkar & Associates v. ACIT

394 ITR 592Supreme Court of India2017#1014 most cited

What is Raj Dadarkar & Associates v. ACIT authority for?

The object clause in a partnership deed is not determinative of the head under which rental income is to be assessed; income from letting out shops and stalls developed by the assessee may still be classified as 'Income from House Property' rather than 'Profits and Gains of Business'.

107

judgments rely on this decision, according to BharatTax’s citation analysis of 366,421 Indian tax judgments — from 2017 to 2026.

Also referred to as

Raj Dadarkar & Associates · SC · 2017 · rental income · income from house property · profits and gains of business · object clause · partnership deed · Section 24 Income Tax Act · head of income

Also reported as

81 Taxmann.com 193

Sections most often in play

Section 143(3)Section 24Section 115JBSection 14ASection 158A(1)Section 35DDASection 36(1)(vii)Section 36(1)(viii)
Read the full judgment

Issues it is cited on

depreciation on leased assetssection 2(26)section 36(2)(i)section 129(1)section 35ddasection 158asection 80ia(4)(iii)section 80iabsection 4asection 80ia(1)section 24(a)section 80ab

Judgments citing Raj Dadarkar & Associates v. ACIT

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…

Punit Deora Trust, Mum vs. ITO, Ward-25(3)(1), Mumbai

In the result the appeal filed by the assessee is allowed

ITA 6249/MUM/2024[2018-19]Status: DisposedITAT Mumbai20 Jan 2025AY 2018-19

Bench: Shri Amit Shukla & Ms.Renu Jauhripunit Deora Trust, C/O Vs. Income Tax Department Mumbai – Punit International, 17, Fair Field Society, Opp. K.C. College Churchgate,Mumbai – 400020. Pan/Gir No. Aaatp1811E (Applicant) (Respondent) Assessee By Sh. S.L. Jain & Sh. Satish Jain, Revenue By Sh. Mahesh Pamnani, Sr. Dr सुनवाई की तारीख/Date Of Hearing 15.01.2025 घोषणा की तारीख/Date Of Pronouncement 20.01.2025 आदेश / Order Per: Amit Shukla, Jm: The Aforesaid Appeal Has Been Filed By The Assessee Against The Order Dated 25.10.2024 Passed By Addl./Jcit (A), Bhubaneshwar, In Relation To The Adjust Assessment Made U/S 143(1) For The Year 2018-19. 2. In Various Grounds Of Appeal, The Assessee Has Challenged Firstly, Not Granting Of Deduction U/S 24(A) To Rs.1,97,80,200/- As Claimed By The Assessee By Computing The Income From House

Section 139(9)Section 143(1)Section 143(1)(a)Section 143(3)Section 161Section 24

…property and such “income from house property” has been shown in all the earlier years, and there was never any dispute by the department. It is well settled principle, in view of the judgment of Hon‟ble Supreme Court in the case of Raj Dadarkar & Associates 394 ITR 592 (SC), that rental income derived from leasing of the property is to be assessed under the head “income from house property” as not a 4 „business income‟. Thus, income was liable to be assessed under the head income from house property only and not as business income. 7. In so far as applicability of section 161, it has been brought on record tha…

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

…ces to the occupants, then this is nothing but a kind of a service provider. 13. During the course of hearing we had asked the parties to address on the principles laid down by the Hon'ble Supreme Court in the case of Raj Dadarkar & Associates vs. DCIT (2017) 394 ITR 592 which was rendered on this issue. In the case before Hon'ble Supreme, the assessee having obtained a property on lease, constructed various shops and stalls on it and gave the same to various persons on sub-licensing basis. It was found as a matter of fact by the Tribunal that assessee was not engaged in systematic or organized activity of provid…

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)

…t this judgment of the Hon’ble Supreme Court in the case of Chennai Properties & Investment Limited has been subsequently considered by the Hon’ble Supreme Court itself. In the case of Raj Dadarkar & Associates -vs.- ACIT, Central Circle-46 reported in [2017] 394 ITR 592 (SC) and the Hon’ble Supreme Court has itself propounded the distinction as to how this judgment is not applicable under all the facts and circumstances. He relied upon this judgment. 13. In his next fold of submission, he contended that in A.Y. 2012-13, the assessee has offered rental income under the head “house property income’. The return of…

National Dairy Development Board, Anand vs. The Asstt. Commissioner of Income Tax, Anand Circle, Anand

In the result, Ground No. 7 of the assessee’s appeal is allowed for statistical purposes

ITA 2994/AHD/2016[2011-12]Status: DisposedITAT Ahmedabad17 May 2024AY 2011-12

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokar

For Appellant: Shri Yogesh Shah & Ms. Aparna Parlekr A.RsFor Respondent: Shri Sudhendu Das, CIT DR
Section 14ASection 36(1)(viii)Section 36(1)(xii)

…IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, AHMEDABAD BEFORE SHRI SIDDHARTHA NAUTIYAL, JUDICIAL MEMBER & SHRI MAKARAND V. MAHADEOKAR, ACCOUNTANT MEMBER I.T.A. No. 2004/Ahd/2014 (Assessment Year: 2010-11) National Dairy Development Vs. The Assistant Commissioner Board, of Income Tax, P.O. Box No. 40, Anand, Anand Circle, Gujarat-388001 Anand [PAN No.AABCN2029C] (Appellant) (Respondent) .. I.T.A. No. 1873/Ahd/2014 (Assessment Year: 2010-11) The Assistant Commissioner of Vs. National Dairy Development Income Tax, Board, Anand Circle, P.O. Box No. 40, Anand, Anand Gujarat-388001 [PAN No.AABCN2029C] (Appellant)…

The Dy.Commissioner of Income Tax., Anand Circle, Anand vs. National Dairy Development Board, Anand

In the result, Ground No. 7 of the assessee’s appeal is allowed for statistical purposes

ITA 2954/AHD/2016[2011-12]Status: DisposedITAT Ahmedabad17 May 2024AY 2011-12

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokar

For Appellant: Shri Yogesh Shah & Ms. Aparna Parlekr A.RsFor Respondent: Shri Sudhendu Das, CIT DR
Section 14ASection 36(1)(viii)Section 36(1)(xii)

…IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, AHMEDABAD BEFORE SHRI SIDDHARTHA NAUTIYAL, JUDICIAL MEMBER & SHRI MAKARAND V. MAHADEOKAR, ACCOUNTANT MEMBER I.T.A. No. 2004/Ahd/2014 (Assessment Year: 2010-11) National Dairy Development Vs. The Assistant Commissioner Board, of Income Tax, P.O. Box No. 40, Anand, Anand Circle, Gujarat-388001 Anand [PAN No.AABCN2029C] (Appellant) (Respondent) .. I.T.A. No. 1873/Ahd/2014 (Assessment Year: 2010-11) The Assistant Commissioner of Vs. National Dairy Development Income Tax, Board, Anand Circle, P.O. Box No. 40, Anand, Anand Gujarat-388001 [PAN No.AABCN2029C] (Appellant)…

National Dairy Development Board, Anand vs. The ACIT., Anand Circle, Anand

In the result, Ground No. 7 of the assessee’s appeal is allowed for statistical purposes

ITA 2004/AHD/2014[2010-11]Status: DisposedITAT Ahmedabad17 May 2024AY 2010-11

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokar

For Appellant: Shri Yogesh Shah & Ms. Aparna Parlekr A.RsFor Respondent: Shri Sudhendu Das, CIT DR
Section 14ASection 36(1)(viii)Section 36(1)(xii)

…IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, AHMEDABAD BEFORE SHRI SIDDHARTHA NAUTIYAL, JUDICIAL MEMBER & SHRI MAKARAND V. MAHADEOKAR, ACCOUNTANT MEMBER I.T.A. No. 2004/Ahd/2014 (Assessment Year: 2010-11) National Dairy Development Vs. The Assistant Commissioner Board, of Income Tax, P.O. Box No. 40, Anand, Anand Circle, Gujarat-388001 Anand [PAN No.AABCN2029C] (Appellant) (Respondent) .. I.T.A. No. 1873/Ahd/2014 (Assessment Year: 2010-11) The Assistant Commissioner of Vs. National Dairy Development Income Tax, Board, Anand Circle, P.O. Box No. 40, Anand, Anand Gujarat-388001 [PAN No.AABCN2029C] (Appellant)…

The ACIT, Anand Circle, Anand vs. National Dairy Development Board, Anand

In the result, Ground No. 7 of the assessee’s appeal is allowed for statistical purposes

ITA 1873/AHD/2014[2010-11]Status: PendingITAT Ahmedabad17 May 2024AY 2010-11

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokar

For Appellant: Shri Yogesh Shah & Ms. Aparna Parlekr A.RsFor Respondent: Shri Sudhendu Das, CIT DR
Section 14ASection 36(1)(viii)Section 36(1)(xii)

…IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, AHMEDABAD BEFORE SHRI SIDDHARTHA NAUTIYAL, JUDICIAL MEMBER & SHRI MAKARAND V. MAHADEOKAR, ACCOUNTANT MEMBER I.T.A. No. 2004/Ahd/2014 (Assessment Year: 2010-11) National Dairy Development Vs. The Assistant Commissioner Board, of Income Tax, P.O. Box No. 40, Anand, Anand Circle, Gujarat-388001 Anand [PAN No.AABCN2029C] (Appellant) (Respondent) .. I.T.A. No. 1873/Ahd/2014 (Assessment Year: 2010-11) The Assistant Commissioner of Vs. National Dairy Development Income Tax, Board, Anand Circle, P.O. Box No. 40, Anand, Anand Gujarat-388001 [PAN No.AABCN2029C] (Appellant)…

Sterling Associates, Gurgaon vs. ACIT Circle-4(1), Gurgaon

In the result, the Appeal of the Assessee is allowed

ITA 2105/DEL/2019[2015-16]Status: DisposedITAT Delhi10 Apr 2024AY 2015-16

Bench: Shamim Yahya & Sh. Yogesh Kumar U.S.Ita No. 2105/Del/2019, (A.Y. 2015-16) Sterling Associates, Vs. Acit Plot No. 32, Sector-18, Circle 4(1) Gurgaon Gurgaon, Haryana Pan: Abifs6373H Appellant Respondent

Section 143

…es to the occupiers of shops/stalls, then it will not constitute the receipt from them as ‘business income’. For the said proposition we rely on the Judgment of Hon’ble Apex Court in the case of Raj Dadarkar and Associates Vs. ACIT, Central Circle, 46, (2017) 394 ITR 592(S.C.) By considering the above factual matrix and relying on the judgment of the Hon'ble Supreme Court in the case of Raj Dadakar and Associates (supra) we will allow the Ground No. 1 of the assessee and delete the addition. 10. Ground No. 2 is regarding enhancement of the income of the assessee by disallowing interest expenditure of Rs. 1,06,28…

Effective Teleservices Pvt. Ltd., Gandhinagar vs. The Pr. CIT-3, Ahmedabad

In the result, the order passed under Section 263 of the Act is directed to be set-aside

ITA 410/AHD/2023[2018-19]Status: DisposedITAT Ahmedabad08 Mar 2024AY 2018-19

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

For Appellant: Shri Malay Kalavadia & Shri ShalibhadraFor Respondent: Shri Sanjay Kumar, Sr. D.R
Section 143(3)Section 24Section 263

…IN THE INCOME TAX APPELLATE TRIBUNAL “D” BENCH, AHMEDABAD BEFORE SMT. ANNAPURNA GUPTA, ACCOUNTANT MEMBER & SHRI SIDDHARTHA NAUTIYAL, JUDICIAL MEMBER I.T.A. No.410/Ahd/2023 (Assessment Year: 2018-19) Effective Teleservices Pvt. Ltd., Vs. Principal Commissioner of 101-103, 1st Floor Info Tower 4, Income Tax-3, Info City Complex, Airport Road, Ahmedabad Gujarat-382009 Gujarat-380015 [PAN No.AAACE9318E] (Appellant) .. (Respondent) Appellant by : Shri Malay Kalavadia & Shri Shalibhadra Shah, A.Rs. Respondent by: Shri Sanjay Kumar, Sr. D.R. Date of Hearing 05.02.2024 Date of Pronouncement 08.03.2024 O R D E R PER SI…

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)

…entals from such activities otherwise fall under the head "Income from House Property" For that, we will refer to certain legal principles as laid down by Hon'ble Supreme Court (as taken from head notes) as under :- a. Raj Dadarkar & Associates v. ACIT [2017] 394 ITR 592(SC) Section 22, read with sections 27 and 28(i) of the Income-tax Act, 1961-Income from house property - Chargeable as (Letting of shops)- Assessee acquired leasehold rights in a property from MCGB - It constructed various shops and stalls on said property and gave same to various persons on sub-licensing basis - Income generated from sub-licensi…

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)

…entals from such activities otherwise fall under the head "Income from House Property" For that, we will refer to certain legal principles as laid down by Hon'ble Supreme Court (as taken from head notes) as under :- a. Raj Dadarkar & Associates v. ACIT [2017] 394 ITR 592(SC) Section 22, read with sections 27 and 28(i) of the Income-tax Act, 1961-Income from house property - Chargeable as (Letting of shops)- Assessee acquired leasehold rights in a property from MCGB - It constructed various shops and stalls on said property and gave same to various persons on sub-licensing basis - Income generated from sub-licensi…

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)

…entals from such activities otherwise fall under the head "Income from House Property" For that, we will refer to certain legal principles as laid down by Hon'ble Supreme Court (as taken from head notes) as under :- a. Raj Dadarkar & Associates v. ACIT [2017] 394 ITR 592(SC) Section 22, read with sections 27 and 28(i) of the Income-tax Act, 1961-Income from house property - Chargeable as (Letting of shops)- Assessee acquired leasehold rights in a property from MCGB - It constructed various shops and stalls on said property and gave same to various persons on sub-licensing basis - Income generated from sub-licensi…

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)

…entals from such activities otherwise fall under the head "Income from House Property" For that, we will refer to certain legal principles as laid down by Hon'ble Supreme Court (as taken from head notes) as under :- a. Raj Dadarkar & Associates v. ACIT [2017] 394 ITR 592(SC) Section 22, read with sections 27 and 28(i) of the Income-tax Act, 1961-Income from house property - Chargeable as (Letting of shops)- Assessee acquired leasehold rights in a property from MCGB - It constructed various shops and stalls on said property and gave same to various persons on sub-licensing basis - Income generated from sub-licensi…

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)

…entals from such activities otherwise fall under the head "Income from House Property" For that, we will refer to certain legal principles as laid down by Hon'ble Supreme Court (as taken from head notes) as under :- a. Raj Dadarkar & Associates v. ACIT [2017] 394 ITR 592(SC) Section 22, read with sections 27 and 28(i) of the Income-tax Act, 1961-Income from house property - Chargeable as (Letting of shops)- Assessee acquired leasehold rights in a property from MCGB - It constructed various shops and stalls on said property and gave same to various persons on sub-licensing basis - Income generated from sub-licensi…

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)

…entals from such activities otherwise fall under the head "Income from House Property" For that, we will refer to certain legal principles as laid down by Hon'ble Supreme Court (as taken from head notes) as under :- a. Raj Dadarkar & Associates v. ACIT [2017] 394 ITR 592(SC) Section 22, read with sections 27 and 28(i) of the Income-tax Act, 1961-Income from house property - Chargeable as (Letting of shops)- Assessee acquired leasehold rights in a property from MCGB - It constructed various shops and stalls on said property and gave same to various persons on sub-licensing basis - Income generated from sub-licensi…

M M Creations, New Delhi vs. ACIT, Circle- 32(1), New Delhi

In the result, the appeal of assessee is partly allowed for statistical purposes on grounds no

ITA 436/DEL/2018[2012-13]Status: DisposedITAT Delhi13 Oct 2023AY 2012-13

Bench: SHRI CHANDRA MOHAN GARG (Judicial Member), DR. B.R.R. KUMAR (Accountant Member)

For Appellant: Shri Kapil Goel, AdvFor Respondent: Ms. Smita Singh, Sr. DR
Section 194CSection 194C(6)Section 24Section 251Section 68

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: E: NEW DELHI BEFORE SHRI CHANDRA MOHAN GARG, JUDICIAL MEMBER AND DR. B.R.R. KUMAR, ACCOUNTANT MEMBER Assessment Year: 2012-13 M/s. M M Creations, The ACIT, Circle 32(1), New Delhi T-481 A, Baljeet Nagar (Behind Patel Nagar Police Station), New Delhi vs. 110008 PAN AAEFM 9802 A (Appellant) (Respondent) For Assessee: Shri Kapil Goel, Adv. Shri Sandeep Goel, Adv. For Revenue : Ms. Smita Singh, Sr. DR Date of Hearing : 19.07.2023 Date of Pronouncement : 13.10.2023 ORDER PER CHANDRA MOHAN GARG, J.M. This appeal has been filed against the order of CIT(A)-11, New Delhi…

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

…, a matter of fact. This understanding of law remains undisturbed, and toward which we have perused the decisions up to it’s recent decisions, as in Rayala Corp. Pvt. Ltd. v. Asst. CIT [2016] 386 ITR 500 (SC) and Raj Dadarkar & Associates v. Asstt. CIT [2017] 394 ITR 592 (SC); it relying upon and applying the law enunciated by it per its earlier decisions cited supra.The matter, given the clear law, becomes essentially a matter of fact, which also explains the varying decisions in different cases. 4.3 It is therefore immaterial whether the house property yielding rental income is a residential or a commercial pro…

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

…, a matter of fact. This understanding of law remains undisturbed, and toward which we have perused the decisions up to it’s recent decisions, as in Rayala Corp. Pvt. Ltd. v. Asst. CIT [2016] 386 ITR 500 (SC) and Raj Dadarkar & Associates v. Asstt. CIT [2017] 394 ITR 592 (SC); it relying upon and applying the law enunciated by it per its earlier decisions cited supra.The matter, given the clear law, becomes essentially a matter of fact, which also explains the varying decisions in different cases. 4.3 It is therefore immaterial whether the house property yielding rental income is a residential or a commercial pro…

ACIT, Circle- 27(1), New Delhi vs. Unitech Ltd., New Delhi

In the result, appeal is partly allowed

ITA 8914/DEL/2019[2012-13]Status: DisposedITAT Delhi15 Feb 2023AY 2012-13

Bench: Shri Challa Nagendra Prasad & Shri Pradip Kumar Kedia

For Appellant: NoneFor Respondent: Ms. Sapna Bhatia, CIT-DR
Section 14ASection 271(1)(c)Section 40A(3)

…14/Del/2019 9 income has been earned from simply letting out the property then it has to be taxed under the head 'income from house property'. Hon’ble Supreme Court in the case of Raj Dadarkar & Associates v. Asstt. CIT [2017] 81 taxmann.com 193/248 Taxman 1/394 ITR 592, after considering the earlier judgements of the Hon’ble Supreme Court as cited by the Ld. Counsel has held that wherever there is an income from leasing out of premises and collecting rent, normally such an income is to be treated as income from house property, if the conditions of provisions of Section 22 of the Act are satisfied. Moreover, it…