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55 results for “house property”+ Business Incomeclear

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Key Topics

Addition to Income48Section 26339Section 153A33Section 115B31Section 143(3)29Section 54F24Section 69A20Section 14717Section 143(2)17

ASST COMMISSIONER OF INCOME TAX, BIKANER vs. MUKESH SHAH, SRIGANGANAGAR

In the result, the appeal of the revenue is dismissed

ITA 399/JODH/2023[2017-18]Status: DisposedITAT Jodhpur08 Jan 2025AY 2017-18

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 24

house property, income from business and profession, income from capital gain and income from other sources. 3.2 After considering the facts

INCOME TAX OFFICER, WARD-1, BARMER vs. PUSHP RAJ BOHRA, JALORE

The appeal of the revenue is allowed, in the manner discussed as above

Showing 1–20 of 55 · Page 1 of 3

Disallowance14
Business Income14
Deduction12
ITA 200/JODH/2024[2017-18]Status: DisposedITAT Jodhpur01 Jul 2025AY 2017-18

Bench: Shri Rajpal Yadav, HonʼBle & Dr. Mitha Lal Meena, Hon'Bleito, Ward-1, Barmer. Vs. Pushp Raj Bohra, M-09, Shivaji Nagar, Jalore - 343001. Pan No. Aanpb4456C Assessee By Shri Goutam Chand Baid, C.A. Revenue By Smt. Runi Pal, Cit (D.R.) Date Of Hearing 29.04.2025. Date Of Pronouncement 01.03.2025. Order Per Dr. Mitha Lal Meena, A.M.: The Captioned Appeal Has Been Filed By The Revenue Against The Order Of The Id. National Faceless Appeal Centre [Nfac/Cit(A)], Delhi Dated 08.02.2024 In Respect Of Assessment Year: 2017-18 Where The Department Has Raised Following Grounds: 1. Whether The Id. Cit(A) Is Justified In Facts & Law In Directing To Treat The Income From The Sale Of Immovable Properties As Capital Gains Instead Of Business Income, By Ignoring The Fact That Assesse & His Business Concerns Are Engaged In The Business Of Property & Real Estate Development & Huge Expenses Of Rs. 8.72 Cr. Were Incurred By Assessee On Development Of Projects To Earn Profit. 2. Whether The Id. Cit(A) Has Erred In Law & Facts By Directing The Ao To Treat The Income From The Sale Of Immovable Properties As Income From Capital Gains Instead Of Business Income By Merely Following The Order Of Hon'Ble

Section 142(1)Section 143(3)Section 250Section 54ESection 54F

houses thereon amounted to adventure in the nature of trade and accordingly, the AO brought to tax the profit on sale of properties as income from business

SHREE RAM COLLOIDS PRIVATE LIMITED,JODHPUR vs. PRINCIPAL CIT(1), JODHPUR

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

ITA 344/JODH/2024[2018-19]Status: DisposedITAT Jodhpur26 Jun 2025AY 2018-19

Bench: Dr. Mitha Lal Meena & Shri Anikesh Banerjeeshree Ram Colloids Private Vs Principal Commissioner Of Income Limited, Tax (1), Jodhpur C-79, Mia, Phase-Ii, Jodhpur- 342 005 Pan: Aakcs5803L Appellant Respondent

For Appellant: Shri Amit Kothari, CAFor Respondent: Shri Ajey Malik, CIT-DR
Section 142(1)Section 143(3)Section 263Section 32

properties is in fact is the business of the assessee. The assessee therefore, rightly disclosed the income under the Head Income from Business. It cannot be treated as 'income from the house

BHOOP SINGH POONIA,NOHAR vs. ITO WARD, NOHAR, NOHAR

ITA 405/JODH/2024[2014-15]Status: DisposedITAT Jodhpur17 Jun 2025AY 2014-15
Section 133A

income from house property',\n(iii) 'profits and gains from business or profession', (iv) 'capital gains' and\n(v) 'income

SHRI JAITESHWAR SEVA SANSTHAN,JODHPUR vs. CIT (EXEMPTION), JAIPUR

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

ITA 344/JODH/2025[NA]Status: FixedITAT Jodhpur26 Jun 2025

Bench: Us By Challenging The Revisional Order.

Section 142(1)Section 143(3)Section 2(4)Section 2(5)Section 263

business income. The Assessee has contended that the hotel building and the temporary structures were specially designed assets to attract tourists and the income from letting out of these properties cannot be considered as income from house

SAMPAT LAL LODHA ,NATHDWARA vs. ITO, WARD-2, RAJSAMAND

In the result, both appeals of the assessee are allowed

ITA 2/JODH/2022[2011-12]Status: DisposedITAT Jodhpur02 Aug 2023AY 2011-12
Section 143(1)Section 147Section 68

business of trading of silver jewelry etc. The appellant had also maintained day to day books of accounts, each & every transaction are duly recorded and supported from the documentary evidences. b] That on 28/07/2010 the appellant had filed the return of income declaring total income of Rs. 3,06,637/- in respect of above referred sources. The return filed

SAMPAT LAL LODHA ,NATHDWARA vs. ITO, WARD-2, RAJSAMAND

In the result, both appeals of the assessee are allowed

ITA 1/JODH/2022[2010-11]Status: DisposedITAT Jodhpur02 Aug 2023AY 2010-11
Section 143(1)Section 147Section 68

business of trading of silver jewelry etc. The appellant had also maintained day to day books of accounts, each & every transaction are duly recorded and supported from the documentary evidences. b] That on 28/07/2010 the appellant had filed the return of income declaring total income of Rs. 3,06,637/- in respect of above referred sources. The return filed

SUNIL KUMAR DOSHI,BARMER vs. DCIT, CPC / ITO, WARD-1,, BANGALORE / BARMER

In the result, appeal of the assessee is allowed

ITA 124/JODH/2022[2018-19]Status: DisposedITAT Jodhpur31 Jul 2023AY 2018-19

Bench: Making Assessment, Which Is Beyond Jurisdiction Of The Present Proceedings. 2. A. The Ld. Ao Has Erred In Not Deleting The Addition Of Rs. 62,641/- Made By The Ld. Ao In 143(1) Order On Account Of Depreciation Claimed. B. The Ld. Cit(A) Has Erred In Not Following The Decision Of Hon’Ble

Section 143(1)Section 154Section 56

Income from house property 1,95,450/- 3 Profits and gains of business or profession 13,832/- 4 Income from

PUSHAP RAJ BOHRA ,JALORE vs. DCIT, BARMER CIRCLE, BARMER

In the result, appeal of the assessee is allowed

ITA 158/JODH/2019[2015-16]Status: DisposedITAT Jodhpur20 Mar 2020AY 2015-16

Bench: Shri R.C. Sharma & Shri Sandeep Gosain(Respondent) Pan: Aanpb 4456 C

Section 142(1)Section 143(3)Section 45(2)Section 54BSection 54F

house U/s 54 of the Act. 9. On the other hand, the ld DR has contended that the property on sale of land to a construction company were in the nature of business transaction, therefore, liable to tax as business income

SATYA NARAYAN CHOUDHARY ,UDAIPUR vs. DCIT, CENTRAL CIRCLE-1, UDAIPUR

In the result, appeal of the assessee is allowed in part

ITA 392/JODH/2019[2017-18]Status: DisposedITAT Jodhpur19 Mar 2020AY 2017-18

Bench: Shri R.C. Sharma & Shri Sandeep Gosainsatya Narayan Choudhary, Vs A.C.I.T., 58, Gokulpura, North Ayad, Central Circle-1, Udaipur-313001. Udaipur. (Appellant) (Respondent) Pan No. Aappc 9260 P Satya Narayan Choudhary, Vs A.C.I.T., 58, Gokulpura, North Ayad, Central Circle-1, Udaipur-313001. Udaipur.

Section 115BSection 139Section 143(3)Section 69Section 69A

property transaction. ii. Disclosure of Rs. 5,66,563/- on account of loan given from unaccounted sources of Rs. 4,75,00/- and interest income thereon Rs. 91,563/- which is also unaccounted. iii. Disclosure of Rs. 48,95,000/- on account of unaccounted income/receipt in cash of Rs. 48,95,000/-. iv. Disclosure of income

SATYA NARAYAN CHOUDHARY ,UDAIPUR vs. ACIT, CENTRAL CIRCLE-1, UDAIPUR

In the result, appeal of the assessee is allowed in part

ITA 266/JODH/2019[2012-13]Status: DisposedITAT Jodhpur19 Mar 2020AY 2012-13

Bench: Shri R.C. Sharma & Shri Sandeep Gosainsatya Narayan Choudhary, Vs A.C.I.T., 58, Gokulpura, North Ayad, Central Circle-1, Udaipur-313001. Udaipur. (Appellant) (Respondent) Pan No. Aappc 9260 P Satya Narayan Choudhary, Vs A.C.I.T., 58, Gokulpura, North Ayad, Central Circle-1, Udaipur-313001. Udaipur.

Section 115BSection 139Section 143(3)Section 69Section 69A

property transaction. ii. Disclosure of Rs. 5,66,563/- on account of loan given from unaccounted sources of Rs. 4,75,00/- and interest income thereon Rs. 91,563/- which is also unaccounted. iii. Disclosure of Rs. 48,95,000/- on account of unaccounted income/receipt in cash of Rs. 48,95,000/-. iv. Disclosure of income

RAMESH RAJ BHRA,JALORE vs. DCIT,BARMER CIRCLE,, BARMER

In the result, appeal of the assessee is allowed

ITA 157/JODH/2019[2015-16]Status: DisposedITAT Jodhpur20 Mar 2020AY 2015-16

Bench: Shri R.C. Sharma & Shri Sandeep Gosain(Respondent) Pan: Aappb 7135 G

Section 142(1)Section 143(3)Section 45(2)Section 54BSection 54F

house U/s 54F of the Act. 9. On the other hand, the ld DR has contended that the property on sale of land to a construction company were in the nature of business transaction, therefore, liable to tax as business income

SUNITA AGARWAL,BIKANER vs. PCIT-1, JODHPUR

In the result, this appeal of the assessee is allowed

ITA 25/JODH/2021[2016-17]Status: DisposedITAT Jodhpur07 Oct 2021AY 2016-17

Bench: Hon’Ble Sh. Sandeep Gosain & Hon’Ble Sh. Vikram Singh Yadavassessment Year: 2016-17 Sunita Agarwal, Vs. Pr.Cit-1, 98, Industrial Area, Jodhpur. Bikaner. Pan No. Aeopa 9467 R

Section 115Section 131Section 143(3)Section 263

house property. Against the surrendered income the assessee set off the business loss of Rs 20.25 lacs. The PCIT directed

ACIT, CIRCLE-1, JODHPUR vs. SHRI GAJ SINGH, JODHPUR

ITA 141/JODH/2019[2015-16]Status: DisposedITAT Jodhpur21 Dec 2020AY 2015-16

Bench: Hon’Ble Shri Sandeep Gosain, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am (Hearing Through Video Conferencing Mode) 1. आयकरअपील सं./ I.T.A. No.85/Jodh/2019 ("नधा"रणवष" / Assessment Year: 2013-14) & 2. आयकरअपील सं./ I.T.A. No.86/Jodh/2019 ("नधा"रणवष" / Assessment Year: 2014-15) & 3. आयकरअपील सं./ I.T.A. No.141/Jodh/2019 ("नधा"रणवष" / Assessment Year: 2015-16) Acit–Circle-1 Shri Gaj Singh बनाम/ Jodhpur Umaid Bhawan Palace Vs. Rajasthan. Jodhpur, Rajasthan. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Afmps-5233-G (अपीलाथ"/Appellant) (""यथ" / Respondent) : & 4. C.O. No.08/Jodh/2019 (Arising Out Of Ita No.85/Jodh/2019) ("नधा"रणवष" / Assessment Year: 2013-14) & 5. C.O. No.09/Jodh/2019 (Arising Out Of I.T.A. No.86/Jodh/2019) ("नधा"रणवष" / Assessment Year: 2014-15) & 6. C.O. No.13/Jodh/2019 (Arising Out Of I.T.A. No.141/Jodh/2019) ("नधा"रणवष" / Assessment Year: 2015-16) Shri Gaj Singh Acit–Circle-1 बनाम/ Umaid Bhawan Palace Jodhpur Vs. Jodhpur, Rajasthan. Rajasthan. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Afmps-5233-G (अपीलाथ"/Appellant) (""यथ" / Respondent) :

For Appellant: Shri Rajiv Pandey and Ms. Dakshayani Pandey (CA)- LdFor Respondent: Shri A.S. Yadav - Ld. Sr. DR
Section 2(22)(e)Section 28

property situated at Connaught House respectively to cover up the possible leakages. Accordingly, the ground was partly allowed. This estimation was in line with estimations made in appellate order for AY 2012-13 which were confirmed by Tribunal vide common order ITA Nos.148 to 150/Jodh/2016 for AYs 2010-11, 2011-12 & 2012-13 order dated 27/06/2017. We concur with

ACIT, CIRCLE-1, JODHPUR vs. SHRI GAJ SINGH, JODHPUR

ITA 85/JODH/2019[2013-14]Status: DisposedITAT Jodhpur21 Dec 2020AY 2013-14

Bench: Hon’Ble Shri Sandeep Gosain, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am (Hearing Through Video Conferencing Mode) 1. आयकरअपील सं./ I.T.A. No.85/Jodh/2019 ("नधा"रणवष" / Assessment Year: 2013-14) & 2. आयकरअपील सं./ I.T.A. No.86/Jodh/2019 ("नधा"रणवष" / Assessment Year: 2014-15) & 3. आयकरअपील सं./ I.T.A. No.141/Jodh/2019 ("नधा"रणवष" / Assessment Year: 2015-16) Acit–Circle-1 Shri Gaj Singh बनाम/ Jodhpur Umaid Bhawan Palace Vs. Rajasthan. Jodhpur, Rajasthan. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Afmps-5233-G (अपीलाथ"/Appellant) (""यथ" / Respondent) : & 4. C.O. No.08/Jodh/2019 (Arising Out Of Ita No.85/Jodh/2019) ("नधा"रणवष" / Assessment Year: 2013-14) & 5. C.O. No.09/Jodh/2019 (Arising Out Of I.T.A. No.86/Jodh/2019) ("नधा"रणवष" / Assessment Year: 2014-15) & 6. C.O. No.13/Jodh/2019 (Arising Out Of I.T.A. No.141/Jodh/2019) ("नधा"रणवष" / Assessment Year: 2015-16) Shri Gaj Singh Acit–Circle-1 बनाम/ Umaid Bhawan Palace Jodhpur Vs. Jodhpur, Rajasthan. Rajasthan. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Afmps-5233-G (अपीलाथ"/Appellant) (""यथ" / Respondent) :

For Appellant: Shri Rajiv Pandey and Ms. Dakshayani Pandey (CA)- LdFor Respondent: Shri A.S. Yadav - Ld. Sr. DR
Section 2(22)(e)Section 28

property situated at Connaught House respectively to cover up the possible leakages. Accordingly, the ground was partly allowed. This estimation was in line with estimations made in appellate order for AY 2012-13 which were confirmed by Tribunal vide common order ITA Nos.148 to 150/Jodh/2016 for AYs 2010-11, 2011-12 & 2012-13 order dated 27/06/2017. We concur with

SRSL CHARITABLE TRUST ,UDAIPUR vs. CIT(E), JAIPUR

In the result, appeal of the assessee is allowed

ITA 58/JODH/2020[2019-20]Status: DisposedITAT Jodhpur01 Feb 2021AY 2019-20

Bench: Shri Sandeep Gosain & Shri Manoj Kumar Aggarwalsrsl Charitable Trust, Vs. C.I.T.(E) Srsl House, Pulla Bhuwana Jaipur. Road, National Highway No. 8, Udaipur. Pan No. Aaats 3819 F Assessee By Shri P.C. Parwal (Ca) Revenue By Shri K.C. Badhok, Cit-Dr Date Of Hearing 04.11.2020 Date Of Pronouncement 01/02/2021 O R D E R Per: Bench This Is The Appeal Filed By The Assessee Against The Order Of The Ld. Cit(E), Jaipur Dated 02/01/2020 Passed U/S 12Aa(3) Of The Income Tax Act, 1961 (In Short, The Act). In This Appeal, The Assessee Has Raised The Following Grounds Of Appeal: “1. The Ld. Cit(E) Has Erred On Facts & In Law In Cancelling The Registration Granted To The Assessee U/S 12Aa Of The Income Tax Act, 1961 By Incorrectly Holding That Activities Carried Out By The Assessee Are Not Genuinely Charitable & Also Not Carried Out In Accordance With The Objects Of The Trust. 1.1 The Ld. Cit(E) Has Erred On Facts & In Law In Cancelling The Registration Granted U/S 12Aa Of The Income Tax Act, 1961 By Making Various Incorrect & Irrelevant Observations Particularly Holding That Rental Income Received From Letting Out The Properties Stated To Be Acquired For The Purpose Of Providing Educational Services To The Students Is An Activity Of Commercial In Nature Hit

Section 12ASection 133ASection 2(15)

Housing Society, Kalwa Devi Road, Mumbai (PB 71) seeking NOC for running training and counseling centre at the flat located therein. Thus, the property at Delhi and Mumbai was acquired in furtherance of its objects of imparting the education. Only because till date the property couldn’t be used for the aforesaid purpose cannot be a ground to cancel

PRADEEP HEDA,UDAIPUR vs. ACIT/DCIT, CENTRAL CIRCLE-1, UDAIPUR-2, UDAIPUR

Appeals of the assesses are allowed

ITA 903/JODH/2024[2018-19]Status: DisposedITAT Jodhpur24 Jun 2025AY 2018-19

Bench: Dr. Mitha Lal Meena, HonʼBle & Dr. S. Seethalakshmi, HonʼBlepradeep Heda, 1A, Babel Ki Bari, Govind Nagar, Sector No.-13, Udaipur-313001. Pan No. Aaiph2617J Sunita Heda 1A, Babel Ki Bari, Govind Nagar, Sector No.-13, Udaipur- 313001. Pan No. Aamph3169D Assessee By Revenue By Date Of Hearing Date Of Pronouncement Dr. Mitha Lal Meena, A.M.:

Section 115BSection 153ASection 153DSection 43CSection 44ASection 69A

business asset. Thus, the said income should be taxed as normal rates and not u/s 115BBE of the Act. Necessary directions should be issued in this ard. 6. The CIT(A) erred in law and on facts in confirming the 25 addition of Rs. made merely on presumptions and surmises on the basis of a excel sheet seized during

SUNITA HEDA,UDAIPUR vs. ACIT/DCIT, CENTRAL CIRCLE-1, UDAIPUR-2, UDAIPUR

Appeals of the assesses are allowed

ITA 915/JODH/2024[2017-18]Status: DisposedITAT Jodhpur24 Jun 2025AY 2017-18

Bench: Dr. Mitha Lal Meena, HonʼBle & Dr. S. Seethalakshmi, HonʼBlepradeep Heda, 1A, Babel Ki Bari, Govind Nagar, Sector No.-13, Udaipur-313001. Pan No. Aaiph2617J Sunita Heda 1A, Babel Ki Bari, Govind Nagar, Sector No.-13, Udaipur- 313001. Pan No. Aamph3169D Assessee By Revenue By Date Of Hearing Date Of Pronouncement Dr. Mitha Lal Meena, Α.Μ.:

Section 115BSection 153ASection 153DSection 43CSection 44ASection 69A

business asset. Thus, the said income should be taxed as normal rates and not u/s 115BBE of the Act. Necessary directions should be issued in this ard. 6. The CIT(A) erred in law and on facts in confirming the 25 addition of Rs. made merely on presumptions and surmises on the basis of a excel sheet seized during

PRADEEP HEDA,UDAIPUR vs. ACIT/DCIT, CENTRAL CIRCLE-1,UDAIPUR-2, UDAIPUR

Appeals of the assesses are allowed

ITA 916/JODH/2024[2017-18]Status: DisposedITAT Jodhpur24 Jun 2025AY 2017-18

Bench: Dr. Mitha Lal Meena, Hon'Ble & Dr. S. Seethalakshmi, Hon'Ble

Section 115BSection 153ASection 153DSection 43CSection 44ASection 69A

business asset. Thus, the said income should be taxed as normal rates and not u/s 115BBE of the Act. Necessary directions should be issued in this ard. 6. The CIT(A) erred in law and on facts in confirming the 25 addition of Rs. made merely on presumptions and surmises on the basis of a excel sheet seized during

PRADEEP HEDA,UDAIPUR vs. ACIT/DCIT CENTRAL CIRCLE-1, UDAIPUR-2, UDAIPUR

Appeals of the assesses are allowed

ITA 904/JODH/2024[2019-20]Status: DisposedITAT Jodhpur24 Jun 2025AY 2019-20

Bench: Dr. Mitha Lal Meena, Hon'Ble & Dr. S. Seethalakshmi, Hon'Ble

Section 115BSection 153ASection 153DSection 43CSection 44ASection 69A

business asset. Thus, the said income should be taxed as normal rates and not u/s 115BBE of the Act. Necessary directions should be issued in this ard. 6. The CIT(A) erred in law and on facts in confirming the 25 addition of Rs. made merely on presumptions and surmises on the basis of a excel sheet seized during