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3,461 results for “house property”+ Business Incomeclear

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Key Topics

Addition to Income64Section 143(3)42Section 153A29Deduction24Disallowance23Section 14721Section 14A18Section 69A17House Property17Section 143(2)

DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-I, NOIDA, NOIDA vs. M/S ADVANT IT PARK PRIVATE LIMITED, DELHI

ITA 5332/DEL/2025[2016-17]Status: DisposedITAT Delhi22 Jan 2026AY 2016-17

Bench: Shri Mahavir Singh & Shri Manish Agarwal

Section 143(3)

property as a whole, which was necessary for carrying on business, income could not be separated on basis of separate agreements Held, yes Whether, therefore, income from letting out was assessable as business income and not as income from house

AMBIENCE DEVELOPERS AND INFRASTRUCTURE PRIVATE LIMITED,DELHI vs. PCIT (CENTRAL), DELHI-2 JHANDEWALAN, NEW DELHI, DELHI

ITA 1868/DEL/2025[2018-19]Status: DisposedITAT Delhi12 Sept 2025AY 2018-19

Bench: Ms. Madhumita Roy & Shri Naveen Chandra

For Appellant: Sh. Mahesh Kumar CA & Sh. Mahesh Kumar, CIT, DR

Showing 1–20 of 3,461 · Page 1 of 174

...
16
Section 1116
Section 6814
For Respondent:
Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 263

Property Income” as “business income” would cause prejudice to the interest of revenue on account of additional allowability of depreciation of building foregone as the said income was classified consistently as 'income from house

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

income from house property and not business income or income from other sources. The Assessing Officer granted standard deduction of 30% as per Section

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)

property‟ in the return of income. This was sought to be shifted to a different head by taxing it as “income from business and profession” by the lower authorities. The assessee had claimed deduction u/s 80IA of the Act for the aforesaid lease rental income even though the same is offered for tax under the head „income from house

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)

property‟ in the return of income. This was sought to be shifted to a different head by taxing it as “income from business and profession” by the lower authorities. The assessee had claimed deduction u/s 80IA of the Act for the aforesaid lease rental income even though the same is offered for tax under the head „income from house

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)

property‟ in the return of income. This was sought to be shifted to a different head by taxing it as “income from business and profession” by the lower authorities. The assessee had claimed deduction u/s 80IA of the Act for the aforesaid lease rental income even though the same is offered for tax under the head „income from house

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)

property‟ in the return of income. This was sought to be shifted to a different head by taxing it as “income from business and profession” by the lower authorities. The assessee had claimed deduction u/s 80IA of the Act for the aforesaid lease rental income even though the same is offered for tax under the head „income from house

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)

property‟ in the return of income. This was sought to be shifted to a different head by taxing it as “income from business and profession” by the lower authorities. The assessee had claimed deduction u/s 80IA of the Act for the aforesaid lease rental income even though the same is offered for tax under the head „income from house

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)

property‟ in the return of income. This was sought to be shifted to a different head by taxing it as “income from business and profession” by the lower authorities. The assessee had claimed deduction u/s 80IA of the Act for the aforesaid lease rental income even though the same is offered for tax under the head „income from house

CORONET HOTEL SERVICES & SUPPLIERS PVT. LTD.,DELHI vs. DCIT CIRCLE-6(2), NEW DELHI

In the result, appeal filed by the Assessee stands allowed

ITA 4613/DEL/2019[2015-16]Status: DisposedITAT Delhi20 Jun 2023AY 2015-16

Bench: Shri Anil Chaturvedi, Am & Shri N. K. Choudhry, Jm

For Appellant: Shri R.S. Singhvi, Ld. CA &For Respondent: Shri Shankar Lal Verma
Section 142(1)Section 250

income from “House property” 8.4 The Hon’ble Apex Court in the case of Chennai Properties and Investments Ltd. Vs. CIT (2015) 56 taxmann.com 456 (SC) and Rayala Corporation Pvt. Ltd. Vs. ACIT (2016) 72 taxmann.com 149 (SC) clearly held that if Assessee is having House Property and by way of business

WEL INTERTRADE PVT. LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, the appeal of the assessee in ITA No

ITA 1460/DEL/2017[2012-13]Status: DisposedITAT Delhi13 Jun 2022AY 2012-13

Bench: Before Shri N.K. Billaiya & Ms. Astha Chandraasstt. Year : 2011-12 Wel Intertrade Private Vs. Acit, Circle-27(2), Limited, New Delhi. 5,E Local Shopping Centre Masjid Moth, Greater Kailash Part 2, New Delhi – 110 048 Pan Aaacw10187F (Appellant) (Respondent) Asstt. Year : 2012-13

For Appellant: Shri C.S. Agarwal, Sr. AdvocateFor Respondent: Shri Umesh Takyar, Sr. DR
Section 143(2)Section 143(3)

property for the purpose of business. Therefore the impugned income from Business Centre is assessable as business income and not as income from house

ACIT CIRCLE-7(1), NEW DELHI vs. DLF ASSETS PVT. LTD.,, NEW DELHI

Accordingly, the order of the ld. CIT (A) is confirmed and the Revenue’s appeal for AY 2013-14 is dismissed

ITA 8525/DEL/2019[2014-15]Status: DisposedITAT Delhi05 May 2022AY 2014-15

Bench: Shri Amit Shukla & Dr. B.R.R. Kumar

For Appellant: Shri Satyajeet Goel, CAFor Respondent: Ms. Yagya Saini Kakkar, CIT DR
Section 143(3)Section 80I

business income. Here in this case also, there is no dispute that the income which has been derived by the assessee is derived from approved activity under SEZ which is the only source of income for which the deduction u/s 80IA(b) is to be allowed. It is immaterial that whether the income derived has been shown from house property

ACIT CIRCLE-7(1), NEW DELHI vs. DLF ASSETS PVT. LTD.,, NEW DELHI

Accordingly, the order of the ld. CIT (A) is confirmed and the Revenue’s appeal for AY 2013-14 is dismissed

ITA 8524/DEL/2019[2013-14]Status: DisposedITAT Delhi05 May 2022AY 2013-14

Bench: Shri Amit Shukla & Dr. B.R.R. Kumar

For Appellant: Shri Satyajeet Goel, CAFor Respondent: Ms. Yagya Saini Kakkar, CIT DR
Section 143(3)Section 80I

business income. Here in this case also, there is no dispute that the income which has been derived by the assessee is derived from approved activity under SEZ which is the only source of income for which the deduction u/s 80IA(b) is to be allowed. It is immaterial that whether the income derived has been shown from house property

ACIT CIRCLE-7(1), NEW DELHI vs. DLF ASSETS PVT. LTD.,, NEW DELHI

Accordingly, the order of the ld. CIT (A) is confirmed and the Revenue’s appeal for AY 2013-14 is dismissed

ITA 8526/DEL/2019[2015-16]Status: DisposedITAT Delhi05 May 2022AY 2015-16

Bench: Shri Amit Shukla & Dr. B.R.R. Kumar

For Appellant: Shri Satyajeet Goel, CAFor Respondent: Ms. Yagya Saini Kakkar, CIT DR
Section 143(3)Section 80I

business income. Here in this case also, there is no dispute that the income which has been derived by the assessee is derived from approved activity under SEZ which is the only source of income for which the deduction u/s 80IA(b) is to be allowed. It is immaterial that whether the income derived has been shown from house property

TUBE ROSE ESTATES PVT. LTD. ,NEW DELHI vs. ACIT, CIRCLE- 16(1), NEW DELHI

In the result ground number one – three of the appeal of the assessee are allowed

ITA 3136/DEL/2018[2010-11]Status: DisposedITAT Delhi26 Mar 2021AY 2010-11

Bench: Shri Sudhanshu Srivastavaa N D Shri Prashant Maharishi(Through Video Conferencing)

For Appellant: Shri R. S. Singhvi, C.A. &For Respondent: Shri Prakash Dubey, Sr. DR
Section 143(3)Section 24

house property under the head ‘Income from Business and Profession’ as against ‘Income from House Property’ offered by the assessee

WINGFLOW CONSTRUCTION PVT. LTD.,NEW DELHI vs. ITO, NEW DELHI

In the result, the appeal of the assessee is allowed

ITA 3157/DEL/2017[2010-11]Status: DisposedITAT Delhi24 Feb 2020AY 2010-11

Bench: Sh. Kuldip Singhdr. B. R. R. Kumarita No. 3157/Del/2017 : Asstt. Year : 2010-11 Wingflow Constructions Pvt. Ltd., Vs Income Tax Officer, G-2/43A, Middle Circle, Ward-27(3), Connaught Place, New Delhi New Delhi-110001 (Appellant) (Respondent) Pan No. Aaacw0016D Assessee By : Sh. R. K. Mehra, Ca Revenue By : Sh. Saras Kumar, Sr. Dr Date Of Hearing: 23.01.2020 Date Of Pronouncement: 24.02.2020

For Appellant: Sh. R. K. Mehra, CAFor Respondent: Sh. Saras Kumar, Sr. DR
Section 143(1)Section 234B

house property and also business income under the head business. The Assessing Officer had treated the entire income as business

SELECT INFRASTRUCTURE PVT. LTD.,,NEW DELHI vs. ADDL. CIT, NEW DELHI

In the result, appeal of the assessee for the assessment year

ITA 3751/DEL/2013[2008-09]Status: DisposedITAT Delhi04 Oct 2017AY 2008-09

Bench: Shri G. D. Agrawal & Shri Amit Shukla

For Appellant: Shri Ajay Vohra, Sr. AdvocateFor Respondent: Shri S. S. Rana, CIT (DR)
Section 143(3)Section 14ASection 22Section 24

property or as the business income. Tests which are to be applied for determining the real nature of income are laid down in judicial decisions, on the interpretation of the provisions of these two heads. 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

DCIT, NEW DELHI vs. M/S. KENMORE VIKAS INDIA (P) LTD., NEW DELHI

In the result the appeal of the revenue is dismissed

ITA 2673/DEL/2017[2012-13]Status: DisposedITAT Delhi30 Sept 2020AY 2012-13

Bench: Shri R.K. Panda & Ms Suchitra Kambleasstt. Year 2012-13

For Respondent: Shri Arun Kumar Yadav, Sr. DR
Section 14Section 24

business income: 3.2.2. The Courts have held that where income is derived by way of rent by an assessee incorporated with the object of buying and developing land, collection of rents or development of markets, property there on, the income there from was assessable as income from house

DCIT, NEW DELHI vs. M/S. NEW DELHI HOTELS LTD., NEW DELHI

In the result, all the 4 appeals of the Revenue are dismissed

ITA 4550/DEL/2014[2005-06]Status: DisposedITAT Delhi29 Jul 2016AY 2005-06

Bench: Shri H.S. Sidhu & Shri Anadi N. Mishra

For Appellant: Sh. Anoop Sharma, AdvFor Respondent: Sh. Umesh Chander Dubey, Sr. DR
Section 139(1)Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 148Section 24

property, the income from letting of the assets held as stock in trade should be treated as business income instead of income from ITA NO. 4550-4553/DEL/2014 House

SHRI M M CREATIONS,NEW DELHI vs. ACIT, NEW DELHI

In the result appeal filed by assessee for assessment year

ITA 5641/DEL/2012[2008-09]Status: DisposedITAT Delhi05 May 2017AY 2008-09

Bench: Sh. N. K. Saini & Smt. Beena A. Pillai & M. M. Creations Acit T-481A, Baljeet Nagar Circle-24(1), Behind Patel Nagar Police Station New Delhi Vs. New Delhi. Pan : Aaefm9802A (Appellant) (Respondent)

For Appellant: Sh. R. S. SinghviFor Respondent: Sh. Rajesh Kumar, Sr. DR
Section 24Section 56Section 56(2)(iii)

business assets. 21. Section 22 of Income-Tax Act deals with income from house property and it reads thus: “22. Income