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

M/S Ram Krishan Associates P.L vs. Commissioner of Income Tax

ITA/731/2005HC Delhi31 Jan 2018

Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE CHANDER SHEKHAR

Section 22Section 260A

…ed on the decision of the Supreme Court in Commissioner of Income Tax v. Podar Cement (P.) Ltd., (1997) 226 ITR 625 (SC) and Raj ITA Nos. 731, 732 and 735 of 2005 Page 7 of 12 Dadarkar & Associates v. Assistant Commissioner of Income Tax, (2017) 394 ITR 592 (SC). 10. Chapter IV deals with computation of total income. Section 14 states that income chargeable to tax would be classified under the heads; (i) salary, (ii) income from house property, (iii) profits and gains from business or profession, (iv) capital gains and (v) income from other sources. The last head, i.e., “income from other so…

M/S Ram Krishan Associates vs. Commissioner of Income Tax

ITA-735/2005HC Delhi31 Jan 2018
Section 22Section 260A

…on of the Supreme Court in Commissioner of Income Tax v. Podar Cement (P.) Ltd., (1997) 226 ITR 625 (SC) and Raj 2018:DHC:768-DB ITA Nos. 731, 732 and 735 of 2005 Page 7 of 12 Dadarkar & Associates v. Assistant Commissioner of Income Tax, (2017) 394 ITR 592 (SC). 10. Chapter IV deals with computation of total income. Section 14 states that income chargeable to tax would be classified under the heads; (i) salary, (ii) income from house property, (iii) profits and gains from business or profession, (iv) capital gains and (v) income from other sources. The last head, i.e., “income from other so…

M/S Ram Krishan Associates vs. Commissioner of Income Tax

ITA-732/2005HC Delhi31 Jan 2018
Section 22Section 260A

…on of the Supreme Court in Commissioner of Income Tax v. Podar Cement (P.) Ltd., (1997) 226 ITR 625 (SC) and Raj 2018:DHC:766-DB ITA Nos. 731, 732 and 735 of 2005 Page 7 of 12 Dadarkar & Associates v. Assistant Commissioner of Income Tax, (2017) 394 ITR 592 (SC). 10. Chapter IV deals with computation of total income. Section 14 states that income chargeable to tax would be classified under the heads; (i) salary, (ii) income from house property, (iii) profits and gains from business or profession, (iv) capital gains and (v) income from other sources. The last head, i.e., “income from other so…

M/S Ram Krishan Associates vs. Commissioner of Income Tax

ITA-731/2005HC Delhi31 Jan 2018
Section 22Section 260A

…on of the Supreme Court in Commissioner of Income Tax v. Podar Cement (P.) Ltd., (1997) 226 ITR 625 (SC) and Raj 2018:DHC:767-DB ITA Nos. 731, 732 and 735 of 2005 Page 7 of 12 Dadarkar & Associates v. Assistant Commissioner of Income Tax, (2017) 394 ITR 592 (SC). 10. Chapter IV deals with computation of total income. Section 14 states that income chargeable to tax would be classified under the heads; (i) salary, (ii) income from house property, (iii) profits and gains from business or profession, (iv) capital gains and (v) income from other sources. The last head, i.e., “income from other so…

Banzai Estates P.Ltd, Mumbai vs. ACIT 3(1), Mumbai

In the result, all the appeals of assessee are partly allowed

ITA 4034/MUM/2014[2010-11]Status: DisposedITAT Mumbai31 May 2017AY 2010-11

Bench: Sri Mahavir Singh, Jm & Sri N.K. Pradhan, Am

Section 143(3)Section 24

…IN THE INCOME TAX APPELLATE TRIBUNAL “G” BENCH, MUMBAI BEFORE SRI MAHAVIR SINGH, JM AND SRI N.K. PRADHAN, AM ITA No.4454/Mum/2013 (A.Y:2009-10) Banzai Estates P. Ltd Dy. Commissioner of Income Tax, 8/90 Wamanm, Near Parleshwar Circle 3(1) Mandir M.G. Rd, Ville Parle Aayakar Bhavan Vs. East Mumbai Mumbai-400057 PAN No.AAACB6915C Appellant .. Respondent Assessee by .. Shri Hariom Tulsiyan, AR Revenue by .. Shri Pradeep Kumar Singh, DR Date of hearing .. 15-05-2017 Date of pronouncement .. 31-05-2017 O R D E R PER MAHAVIR SINGH, JM: These appeals by the assessee are arising out of the different orders of CIT(A)-5,…

Banzai Estates P. Ltd, Mumbai vs. DCIT 3(1), Mumbai

In the result, all the appeals of assessee are partly allowed

ITA 4454/MUM/2013[2009-10]Status: DisposedITAT Mumbai31 May 2017AY 2009-10

Bench: Sri Mahavir Singh, Jm & Sri N.K. Pradhan, Am

Section 143(3)Section 24

…IN THE INCOME TAX APPELLATE TRIBUNAL “G” BENCH, MUMBAI BEFORE SRI MAHAVIR SINGH, JM AND SRI N.K. PRADHAN, AM ITA No.4454/Mum/2013 (A.Y:2009-10) Banzai Estates P. Ltd Dy. Commissioner of Income Tax, 8/90 Wamanm, Near Parleshwar Circle 3(1) Mandir M.G. Rd, Ville Parle Aayakar Bhavan Vs. East Mumbai Mumbai-400057 PAN No.AAACB6915C Appellant .. Respondent Assessee by .. Shri Hariom Tulsiyan, AR Revenue by .. Shri Pradeep Kumar Singh, DR Date of hearing .. 15-05-2017 Date of pronouncement .. 31-05-2017 O R D E R PER MAHAVIR SINGH, JM: These appeals by the assessee are arising out of the different orders of CIT(A)-5,…

Banzai Estates P. Ltd, Mumbai vs. DCIT 3(1), Mumbai

In the result, all the appeals of assessee are partly allowed

ITA 4452/MUM/2013[2008-09]Status: DisposedITAT Mumbai31 May 2017AY 2008-09

Bench: Sri Mahavir Singh, Jm & Sri N.K. Pradhan, Am

Section 143(3)Section 24

…IN THE INCOME TAX APPELLATE TRIBUNAL “G” BENCH, MUMBAI BEFORE SRI MAHAVIR SINGH, JM AND SRI N.K. PRADHAN, AM ITA No.4454/Mum/2013 (A.Y:2009-10) Banzai Estates P. Ltd Dy. Commissioner of Income Tax, 8/90 Wamanm, Near Parleshwar Circle 3(1) Mandir M.G. Rd, Ville Parle Aayakar Bhavan Vs. East Mumbai Mumbai-400057 PAN No.AAACB6915C Appellant .. Respondent Assessee by .. Shri Hariom Tulsiyan, AR Revenue by .. Shri Pradeep Kumar Singh, DR Date of hearing .. 15-05-2017 Date of pronouncement .. 31-05-2017 O R D E R PER MAHAVIR SINGH, JM: These appeals by the assessee are arising out of the different orders of CIT(A)-5,…