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“Section 23(1)”

Section References (mined)Section 23Section 23(1)194 judgments

The decision most relied on for Section 23(1) is CIT v. Tip Top Typography (368 ITR 330), cited in 161 judgments on BharatTax.

Leading authorities on Section 23(1)

CIT v. Tip Top Typography
368 ITR 330 · 2014 · High Court
161
citing judgments

For computing income from house property, the Annual Letting Value (ALV) cannot be arbitrarily estimated by the Assessing Officer, but must be determined based on the Municipal ratable value of the property.

CIT v. Neha Builders Pvt. Ltd.
296 ITR 661 · 2008 · High Court
129
citing judgments

Income from unsold flats held as stock-in-trade by a builder or developer is assessable as business income, not income from house property, for assessment years prior to the insertion of Section 23(5) of the Income-tax Act.

CIT v. Sridev Enterprises
192 ITR 165 · 1991 · High Court
125
citing judgments

Interest expenditure on borrowed funds, especially when used for making advances, should generally be allowed under Section 36(1)(iii) if its nature and business expediency remain consistent with previous assessment years. The character of an outstanding amount at the start of an accounting year is considered the same as at the end of the prior year, reinforcing the rule of consistency.

CIT v. Oswal Agro Mills Ltd.
341 ITR 467 · 2012 · High Court
108
citing judgments

The Legislature abolished terminal depreciation under section 32(1)(iii) and the taxing of balancing charge under section 41(2), replacing these provisions with the requirement to reduce sale proceeds of depreciable assets from the block of assets.

Rayala Corporation Pvt. Ltd. v. ACIT
386 ITR 500 · 2016 · Supreme Court
89
citing judgments

If an assessee company's main business object is to acquire and rent out properties, the rental income derived is taxable as 'Profits and gains of business or profession', rather than 'Income from house property', as the nature of the activity constitutes a business.

Keshav Mills Ltd. v. CIT
23 ITR 230 · 1953 · Supreme Court
86
citing judgments

Income taxability depends on the real nature of the receipt and actual or constructive receipt of income, not merely on book entries. An amount is only "deemed to be received" if explicitly provided by the Income Tax Act, not by an assessee's unilateral intention.

CIT v. Gujarat Power Corporation Ltd.
352 ITR 583 · 2013 · High Court
80
citing judgments

Disallowance under Section 14A for interest expenditure is not justified if an assessee uses its own interest-free funds for investments generating exempt income, and borrowed funds are entirely utilized for business purposes, without evidence of diversion to earn tax-free income.

CIT v. Moni Kumar Subba
333 ITR 38 · 2011 · High Court
78
citing judgments

Notional interest on an interest-free security deposit cannot be considered as actual or deemed rent under Section 23(1) of the Act. For determining Annual Letting Value (ALV) under Section 23(1)(a), it must be in accordance with municipal laws, considering extraneous circumstances, but not exceeding the standard rent as per rent control legislation.

Judgments citing Section 23(1)

Suman P Khurana, Mumbai vs. ACIT Central Circle-3(2), Mumbai

In the result, the appeal filed by the assessee is hereby allowed accordingly

ITA 2415/MUM/2019[2012-13]Status: DisposedITAT Mumbai18 Apr 2022AY 2012-13

Bench: Shri Shamim Yahya, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No. 2415/Mum/2019 (निर्धारण वर्ा / Assessment Year: 2012-13) Suman P. Khurana बिधम/ Acit, Central Circle-3(2) Room No.402, 4Th Floor, 501, Raheja Centre, Free Press Vs. Journal Marg, Nariman Point, Aayakar Bhawan, Maharshi Mumbai-400021. Karve Road, Churchgate, Mumbai-400020.S स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aahpk0190Q (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. Assessee By: Shri Shekhar Gupta Revenue By: Shri Hoshang B. Irani सुनवाई की तारीख / Date Of Hearing: 24/01/2022 घोषणा की तारीख /Date Of Pronouncement: 18/04/2022 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Present Appeal Against The Order Dated 21.02.2019 Passed By The Commissioner Of Income Tax (Appeals) -51, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2012- 13. 2. The Assessee Has Raised The Following Grounds: - “1. The Learned Cit(A) Has Erred In Law & On The Facts Of The Case In Estimating The Annual Value Of The Property At Maker Chambers Iv, Nariman Point, Mumbai At Rs.82,86,301/- As Against Nil Declared By The Assessee & Denying The Exemption Claimed U/S 23(1)(C) By The Assessee. A.Y. 2012-13 2. The Learned Cit(A) Has Erred In Law & On The Facts Of The Case In Estimating The Value Of The Property At Gujranwala Town, Delhi At Rs.6,60,000/- As Against Nil Declared By The Assessee & Denying The Exemption Claimed U/S 23(1)(C) By The Assessee.

For Appellant: Shri Shekhar GuptaFor Respondent: Shri Hoshang B. Irani
Section 143(2)Section 14ASection 23(1)(a)Section 23(1)(c)

tenant. Since the property was held to be let, its annual letting value could only be worked out under sub- clause (c) of section 23(1) of the Act and according to this clause, the rent received during the year was nil and that had to be taken ... which annual value is to be adopted at nil, is also to be computed under this head as per Clause (a) of Section 23(1) if we 6 A.Y. 2012-13 see the combined reading of Sub-section (2) and (4) of Section 23. One thing is more important because

Akbar Hasnali Padamsee, Mumbai vs. ACIT-18(2), Mumbai

In the result, the appeals filed by the assessee are partly allowed

ITA 6162/MUM/2019[2011-12]Status: DisposedITAT Mumbai25 Feb 2022AY 2011-12

Bench: Shri S. Rifaur Rahman, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. Nos. 6162 To 6166/Mum/2019 (निर्धारण वर्ा / Assessment Years: 2011-12 To 2015-16) Akbar Hasanali Padamsee बिधम/ Joint Commissioner Of 802, Vinayak Aagan Chs Ltd, Income Tax-18(2) Vs. Old Prabhadevi Road, Worli, Piramal Chambers, Parel, Mumbai-400025. Mumbai-400012. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Ahfpp9512N (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Ishwer Rathi Revenue By: Shri Mehul Jain (Dr) सुनवाई की तारीख / Date Of Hearing: 12/01/2022 घोषणा की तारीख /Date Of Pronouncement: 25/02/2022 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Above Mentioned Appeals Against The Order Dated 28.06.2019 Passed By The Commissioner Of Income Tax (Appeals) -33, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Ys. 2011- 12 To 2015-16. Ita. No.6162/Mum/2019 2. The Assessee Has Filed The Present Appeal Against The Order Dated 28.06.2019 Passed By The Commissioner Of Income Tax (Appeals) -33, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2011- 12. Ita Nos. 6162 To 6166/M/2019 A.Ys.2011-12 To 2015-16 3. The Assessee Has Raised The Following Grounds: -

For Appellant: Shri Ishwer RathiFor Respondent: Shri Mehul Jain (DR)
Section 143(1)Section 143(2)

order dated 22.03.2013. During the relevant year, the flat was let out partly and was also vacant for the remaining part. As per section 23(1)(b) of the Act, in respect of property which is let out partly and vacant partly, bona fide letting value of such property will