BharatTax.net
SearchITATHigh CourtsSupreme CourtPhrasesAI ResearchHistory

Filters

BharatTax.net

Free search engine for ITAT (Income Tax Appellate Tribunal) judgments across all 28 benches in India.

Quick Links

  • Search Judgments
  • Browse by Bench
  • Recent Judgments

About

BharatTax provides free access to Income Tax Appellate Tribunal orders for legal research and reference.

© 2026 BharatTax.net. All rights reserved.

242 results for “house property”+ Section 46clear

Sorted by relevance

Delhi1,790Mumbai1,622Bangalore659Karnataka611Chennai407Jaipur347Ahmedabad324Hyderabad275Kolkata242Chandigarh186Cochin136Indore118Telangana112Surat111Pune92Amritsar77Raipur66Rajkot62Calcutta55Lucknow50Nagpur49SC40Cuttack40Visakhapatnam38Guwahati26Agra25Patna19Jodhpur14Dehradun9Rajasthan9Allahabad6Orissa5Kerala5Varanasi3Panaji2H.L. DATTU S.A. BOBDE1A.K. SIKRI ROHINTON FALI NARIMAN1Jabalpur1T.S. THAKUR ROHINTON FALI NARIMAN1Andhra Pradesh1ARIJIT PASAYAT C.K. THAKKER1Punjab & Haryana1

Key Topics

Section 143(3)61Addition to Income55Section 14A33Section 25030Disallowance28Section 80I23Section 92C20Section 115W20Section 14719

D.C.I.T CIR - 6,KOLKATA., KOLKATA vs. M/S TURNER MORRISON LTD., KOLKATA

In the result, the appeal of the Revenue as well as assessee both are partly allowed as indicated above

ITA 297/KOL/2013[2009-10]Status: DisposedITAT Kolkata12 Sept 2018AY 2009-10

Bench: Shri P.M. Jagtap & Shri S.S. Viswanethra Ravi

46,400/- to be set off against the house property income of the year under appeal, on the alleged ground that, the said proportionate expenses was for earning of house property income and were not relating to earning of business income, his such conclusions are based on his surmises and guesses and are contrary to the facts and materials

DCIT, CIR-12(1), KOLKATA, KOLKATA vs. M/S BENGAL AMBUJA HOUSING DEVELOPMENT LTD., KOLKATA

Appeal is partly allowed in above terms

ITA 1298/KOL/2016[2012-2013]Status: DisposedITAT Kolkata20 Nov 2019AY 2012-2013

Bench: Shri S.S.Godara & Dr. A.L. Sainiassessment Year :2012-13

Section 143(3)

Showing 1–20 of 242 · Page 1 of 13

...
Deduction18
Transfer Pricing18
Section 115J16
Section 22
Section 27

section 23 was inserted by finance Act 2017 w.e.f. 01.04.2018; ITA No.1298/Kol/2016 A.Y. 2012-13 DCIT Cir-12(1), Kol. Vs. M/s Bengal Ambuja Housing Development Ltd. Page 9 therefore, the same is not applicable for the assessment year under consideration. 11. Therefore, respectfully following the decisions of coordinate bench in assessee’s own case

DCIT, CIR-6(1), KOLKATA, KOLKATA vs. M/S INDIA CITY PROPERTIES LTD., KOLKATA

In the result, the revenue’s appeal for A

ITA 1184/KOL/2015[2010-2011]Status: DisposedITAT Kolkata29 Nov 2017AY 2010-2011
Section 23

Section 23 of the Act. On appeal the Tribunal found that the tenant was in the occupation of the said flat since 1967 and was therefore protected under the West Bengal Premises Act, 1956. The bonafide of the tenancy was not in doubt and therefore the tenancy could not be disregarded or held to be sham. The Tribunal thus held

DCIT, CIR-6(1), KOLKATA, KOLKATA vs. M/S INDIA CITY PROPERTIES LTD., KOLKATA

In the result, the revenue’s appeal for A

ITA 1183/KOL/2015[2009-2010]Status: DisposedITAT Kolkata29 Nov 2017AY 2009-2010
Section 23

Section 23 of the Act. On appeal the Tribunal found that the tenant was in the occupation of the said flat since 1967 and was therefore protected under the West Bengal Premises Act, 1956. The bonafide of the tenancy was not in doubt and therefore the tenancy could not be disregarded or held to be sham. The Tribunal thus held

DCIT, CIR-6(1), KOLKATA, KOLKATA vs. M/S INDIA CITY PROPERTIES LTD., KOLKATA

In the result, the revenue’s appeal for A

ITA 1185/KOL/2015[2011-2012]Status: DisposedITAT Kolkata29 Nov 2017AY 2011-2012
Section 23

Section 23 of the Act. On appeal the Tribunal found that the tenant was in the occupation of the said flat since 1967 and was therefore protected under the West Bengal Premises Act, 1956. The bonafide of the tenancy was not in doubt and therefore the tenancy could not be disregarded or held to be sham. The Tribunal thus held

ACIT, CIRCLE-32, KOLKATA, KOLKATA vs. MRS. ISHITA MOHATTA, KOLKATA

In the result the Cross Objection, No

ITA 788/KOL/2017[2013-14]Status: DisposedITAT Kolkata28 Nov 2018AY 2013-14

Bench: Shri A. T. Varkey, Jm & Dr. A.L. Saini, Am Acit, Cir-32, Kolkata Vs. Mrs. Ishita Mohatta 10B, Middleton Row, 3Rd Floor, Kolkata – 24, Park Street, Magma House, 9Th Floor, Kolkata – 700 071. 700 016. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Ajfpk 3943 P (अपीलाथ" /Assessee) (""यथ" / Respondent) .. & Co No.45/Kol/2018 (Assessment Year: 2013-14) Vs. Acit, Cir-32, Kolkata Mrs. Ishita Mohatta 24, Park Street, Magma House, 9Th 10B, Middleton Row, 3Rd Floor, Floor, Kolkata – 700 016. Kolkata – 700 071. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Ajfpk 3943 P (अपीलाथ" /Assessee) (""यथ" / Respondent) ..

For Appellant: Shri Kapil Mondal, JCIT, Sr. DRFor Respondent: Shri S. Jhajharia, AR
Section 139(1)Section 143(3)Section 54F

property. This amendment will take effect from 1st April. 2001 and will, accordingly, apply in relation to the assessment year 2001-2002 and subsequent years. 14. We note that ld A.O was fully satisfied on the explanation of the assessee in regard to the long term capital gain earned from selling of shares of M/s Benzo Chem Industries Private

DCIT,CIRCLE-8, KOLKATA, KOLKATA vs. M/S. THE SATURDAY CLUB LTD, KOLKATA

In the result, the appeals of the Revenue for A

ITA 1340/KOL/2012[2008-2009]Status: DisposedITAT Kolkata06 Nov 2023AY 2008-2009

Bench: Shri Rajpal Yadav, Vice- & Dr. Manish Borad

Section 142(1)Section 143(2)

section 22 income from house property is liable to the taxed. The income that the club had made in the instant case was from letting out the rooms. The income was derived from providing many facilities to the members including accommodation. Neither the club nor the members had treated these facilities separately and the department could not also treat them

THE SATURDAY CLUB LIMITED,KOLKATA vs. DCIT, CIRCLE - 8(2), KOLKATA, KOLKATA

In the result, the appeals of the Revenue for A

ITA 2491/KOL/2017[2012-13]Status: DisposedITAT Kolkata06 Nov 2023AY 2012-13

Bench: Shri Rajpal Yadav, Vice- & Dr. Manish Borad

Section 142(1)Section 143(2)

section 22 income from house property is liable to the taxed. The income that the club had made in the instant case was from letting out the rooms. The income was derived from providing many facilities to the members including accommodation. Neither the club nor the members had treated these facilities separately and the department could not also treat them

THE SATURDAY CLUB LIMITED,KOLKATA vs. DCIT, CIR-8(2), KOLKATA, KOLKATA

In the result, the appeals of the Revenue for A

ITA 2377/KOL/2016[2011-12]Status: DisposedITAT Kolkata06 Nov 2023AY 2011-12

Bench: Shri Rajpal Yadav, Vice- & Dr. Manish Borad

Section 142(1)Section 143(2)

section 22 income from house property is liable to the taxed. The income that the club had made in the instant case was from letting out the rooms. The income was derived from providing many facilities to the members including accommodation. Neither the club nor the members had treated these facilities separately and the department could not also treat them

I.T.O WD - 56(2),KOLKATA, KOLKATA vs. SALARPURIA SOFT ZONE, KOLKATA

In the result, the appeals of assessee are allowed and that of revenue are dismissed

ITA 813/KOL/2013[2009-10]Status: DisposedITAT Kolkata29 Feb 2016AY 2009-10

Bench: Shri Mahavir Singh, Jm & Shri Wasim Ahmed, Am]

For Appellant: Shri Sidharth Jhajahria, CAFor Respondent: Shri: Niraj Kumar, CIT-Dr
Section 143(3)Section 80I

46 Volume – II. As per approval, commencement of Industrial park was to happen before 31.3.06 but the same was delayed by more than one year or less from 31.3.2006, hence, fresh approval was required. Accordingly, since the assessee was covered under non automatic route of Industrial Park Scheme 2002, it filed IPS-II dt. 01.01.08 as on 01.07.07 given

I.T.O WD - 56(2),KOLKATA, KOLKATA vs. SALARPURIA SOFT ZONE, KOLKATA

In the result, the appeals of assessee are allowed and that of revenue are dismissed

ITA 581/KOL/2013[2008-2009]Status: DisposedITAT Kolkata29 Feb 2016AY 2008-2009

Bench: Shri Mahavir Singh, Jm & Shri Wasim Ahmed, Am]

For Appellant: Shri Sidharth Jhajahria, CAFor Respondent: Shri: Niraj Kumar, CIT-Dr
Section 143(3)Section 80I

46 Volume – II. As per approval, commencement of Industrial park was to happen before 31.3.06 but the same was delayed by more than one year or less from 31.3.2006, hence, fresh approval was required. Accordingly, since the assessee was covered under non automatic route of Industrial Park Scheme 2002, it filed IPS-II dt. 01.01.08 as on 01.07.07 given

M/S SALARPURIA SOFT ZONE,KOLKATA vs. J.C.I.T RG - 56,KOLKATA, KOLKATA

In the result, the appeals of assessee are allowed and that of revenue are dismissed

ITA 666/KOL/2013[2009-10]Status: DisposedITAT Kolkata29 Feb 2016AY 2009-10

Bench: Shri Mahavir Singh, Jm & Shri Wasim Ahmed, Am]

For Appellant: Shri Sidharth Jhajahria, CAFor Respondent: Shri: Niraj Kumar, CIT-Dr
Section 143(3)Section 80I

46 Volume – II. As per approval, commencement of Industrial park was to happen before 31.3.06 but the same was delayed by more than one year or less from 31.3.2006, hence, fresh approval was required. Accordingly, since the assessee was covered under non automatic route of Industrial Park Scheme 2002, it filed IPS-II dt. 01.01.08 as on 01.07.07 given

M/S SALARPURIA SOFT ZONE,KOLKATA vs. J.C.I.T RG - 56,KOLKATA, KOLKATA

In the result, the appeals of assessee are allowed and that of revenue are dismissed

ITA 665/KOL/2013[2008-2009]Status: DisposedITAT Kolkata29 Feb 2016AY 2008-2009

Bench: Shri Mahavir Singh, Jm & Shri Wasim Ahmed, Am]

For Appellant: Shri Sidharth Jhajahria, CAFor Respondent: Shri: Niraj Kumar, CIT-Dr
Section 143(3)Section 80I

46 Volume – II. As per approval, commencement of Industrial park was to happen before 31.3.06 but the same was delayed by more than one year or less from 31.3.2006, hence, fresh approval was required. Accordingly, since the assessee was covered under non automatic route of Industrial Park Scheme 2002, it filed IPS-II dt. 01.01.08 as on 01.07.07 given

DCIT, CIR-12(1), KOLKATA, KOLKATA vs. M/S BENGAL AMBUJA HOUSING DEVELOPMENT LTD., KOLKATA

In the result, the both appeals of the Revenue are dismissed

ITA 1514/KOL/2015[2010-2011]Status: DisposedITAT Kolkata18 Oct 2019AY 2010-2011

Bench: Shri A. T. Varkey, Jm & Shri A.L.Saini, Am]

Section 80ISection 80i

section 80-IB(10)(a) of the Act is "shall", but it would not necessarily mean that in every case, it shall be taken to be mandatory requirement instead would depend upon the intent of the Legislature and not the language in which the provision is clothed. The meaning and the intent of the Legislature would be gathered

JKS INFRASTRUCTURE PVT. LTD.,KOLKATA vs. PR.CIT, CENTRAL - 1, KOLKATA , KOLKATA

In the result, the appeal of the assessee is allowed

ITA 1073/KOL/2018[2011-12]Status: DisposedITAT Kolkata09 Dec 2019AY 2011-12

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.1073/Kol/2018 ("नधा"रणवष" / Assessment Year:2011-12)

For Appellant: Shri Miraj D. Shah, ARFor Respondent: Shri Radhey Shyam, CIT DR
Section 143(3)Section 14ASection 153ASection 24Section 263Section 68

House Property Income” and interest of Rs. 3,51,12,845/- has been allowed without examining whether such interest was paid on the loans, if any, taken by the assessee for constructing or acquiring go-down from which rental income has been shown. The ld PCIT noticed that as per M/s JKS Infrastructures Pvt. Ltd.’s balance sheet

HARIT PROPERTIES PVT. LTD..,KOLKATA vs. ITO, WARD-5(1), KOLKATA

In the result, the appeal of assessee is dismissed

ITA 60/KOL/2022[2014-15]Status: DisposedITAT Kolkata26 Aug 2022AY 2014-15
Section 10(1)Section 143(2)Section 14ASection 2Section 250

Section 2(1A)(c), Agriculture Income includes any income derived from the building owned & occupied by the receiver of the rent or revenue of any such land provided that the building is on or in the immediate vicinity of the land and is used as a dwelling house or as a store house of the agriculture produce. 4. That

VEERPRABHU AUTO PVT. LTD.,KOLKATA vs. A.C.I.T., CC - 2(4), KOL, KOLKATA

In the result, the appeal filed by the assessee is dismissed

ITA 1218/KOL/2024[2016-2017]Status: DisposedITAT Kolkata12 Jan 2026AY 2016-2017

Bench: Shri George Mathan & Shri Rakesh Mishra

Section 132Section 143(3)Section 250

46,903/-. During the Previous year ITA No.:1218/KOL/2024 Assessment Year: 2016-17 Veerprabhu Auto Pvt. Ltd. corresponding to the AY 2016-17, the Assessing Officer (hereinafter referred to as Ld. 'AO') noted that the assessee had derived income from rent amounting to ₹9,48,000/-, therefore, the rental income ought to have been considered under "Income from House property

DCIT, CIRCLE-6(1), KOLKATA, KOLKATA vs. M/S NATIONAL ENGINEERING INDUSTRIES LTD., KOLKATA

In the result, appeal filed by the Revenue(in ITA No

ITA 987/KOL/2017[2012-13]Status: DisposedITAT Kolkata12 Sept 2018AY 2012-13

Bench: Shri S. S. Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita Nos.986 & 987/Kol/2017 ("नधा"रणवष" / Assessment Years: 2011-12& 2012-13) D.C.I.T, Circle-6(1), Vs. M/S. National Engineering

For Appellant: Shri Kapil Mondal, JCIT(Sr. DR)For Respondent: Shri Asim Choudhury, Advocate
Section 143(3)Section 92C

section 23 of the Act in assessing the house property income. The 30% deduction on such service charges was allowed in computing the house property income. M/s. National Engineering Industries Ltd. Assessment Years: 2011-12 & 2012-13 ITA Nos.986 & 987/Kol/2017 7. On appeal, the ld. CIT(A) deleted the addition. Aggrieved by the order

DCIT, CIRCLE-6(1), KOLKATA, KOLKATA vs. M/S NATIONAL ENGINEERING INDUSTRIES LTD., KOLKATA

In the result, appeal filed by the Revenue(in ITA No

ITA 986/KOL/2017[2011-12]Status: DisposedITAT Kolkata12 Sept 2018AY 2011-12

Bench: Shri S. S. Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita Nos.986 & 987/Kol/2017 ("नधा"रणवष" / Assessment Years: 2011-12& 2012-13) D.C.I.T, Circle-6(1), Vs. M/S. National Engineering

For Appellant: Shri Kapil Mondal, JCIT(Sr. DR)For Respondent: Shri Asim Choudhury, Advocate
Section 143(3)Section 92C

section 23 of the Act in assessing the house property income. The 30% deduction on such service charges was allowed in computing the house property income. M/s. National Engineering Industries Ltd. Assessment Years: 2011-12 & 2012-13 ITA Nos.986 & 987/Kol/2017 7. On appeal, the ld. CIT(A) deleted the addition. Aggrieved by the order

D.C.I.T CIR - 56,KOLKATA., KOLKATA vs. SMT. SARITA ARORA, KOLKATA

In the result, the appeal of the Revenue is dismissed

ITA 118/KOL/2013[2009-10]Status: DisposedITAT Kolkata16 Dec 2015AY 2009-10

Bench: Shri P.M. Jagtap & Shri S.S. Viswanethra Ravi

Section 143(3)Section 41(1)Section 48

section 41(1) of the Income Tax Act. For convenience, the grounds of appeal are reproduced as hereunder:- I.T.A. No. 118/KOL./2013 Assessment year: 2009-2010 Page 2 of 11 (1) That on the facts and in the circumstances of the case, the ld. CIT(A)-XXXVI, Kolkata, erred in fact by not sustaining the enhancement in rental income from