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.

188 results for “house property”+ Section 58clear

Sorted by relevance

Delhi1,575Mumbai1,357Karnataka584Bangalore573Jaipur339Ahmedabad315Chennai304Hyderabad223Kolkata188Pune142Cochin135Chandigarh131Indore126Telangana119Surat84Raipur65Visakhapatnam65Lucknow55Calcutta54Amritsar41Rajkot36Cuttack36SC31Agra27Nagpur27Jodhpur13Guwahati9Dehradun8Rajasthan7Allahabad6Orissa5Varanasi5Patna4Ranchi3Punjab & Haryana2Jabalpur2Kerala2ARIJIT PASAYAT C.K. THAKKER1Andhra Pradesh1T.S. THAKUR ROHINTON FALI NARIMAN1

Key Topics

Section 143(3)88Section 26346Addition to Income43Section 14A32Disallowance27Deduction25House Property21Section 25020Section 80I20

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

section 24 (a) of rebate/ deduction of 30% is to be allowed from House Property Income”. 5. The issue relating to claim of the assessee for deduction on account of business expenses under various heads was decided by the ld. CIT(Appeal) vide paragraphs no. 13 to 18 of his impugned order, which read as under:- “13. The appellant

ZAFAR IQBAL,SILIGURI vs. DCIT, CIRCLE - 1, SILIGURI, SILIGURI

ITA 1170/KOL/2024[2016-2017]Status: DisposedITAT Kolkata05 Feb 2026AY 2016-2017

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

Section 139(1)Section 143(2)

Showing 1–20 of 188 · Page 1 of 10

...
Section 14717
Section 194J15
Section 14814
Section 250
Section 54F

house property on 29.3.2017 for a total cost of Rs.3,13,62,500/- as per details furnished herein below. The assessee had offered a long term capital gains of Rs.76,22,276/- in his return of income instead of his actual liability of Rs.44,63,518/- only as per provisions of section 54F of the Income

SMT SAKI GUPTA,KOLKATA vs. ACIT, CIR-49, KOLKATA, KOLKATA

In the result, the appeal of both the assessee’s are partly allowed

ITA 719/KOL/2015[2009-2010]Status: DisposedITAT Kolkata21 Aug 2018AY 2009-2010

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

Section 54E

58,125/- was not allowed. This apart, it was further ascertained by the AO that the value adopted for the G+ 5 storied building as per the Registration Authority was Rs.8,72,78,388/- instead of the Deed Value of Rs.7,30,00,000/-. The differential value of Rs.1

SMT SARBANI GUPTA,KOLKATA vs. ACIT, CIR-49, KOLKATA, KOLKATA

In the result, the appeal of both the assessee’s are partly allowed

ITA 720/KOL/2015[2009-2010]Status: DisposedITAT Kolkata21 Aug 2018AY 2009-2010

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

Section 54E

58,125/- was not allowed. This apart, it was further ascertained by the AO that the value adopted for the G+ 5 storied building as per the Registration Authority was Rs.8,72,78,388/- instead of the Deed Value of Rs.7,30,00,000/-. The differential value of Rs.1

ANIL KUMAR GHOSH,KOLKATA vs. P.C.I.T., KOLKATA - 9, KOLKATA

In the result, the appeal of the assessee is dismissed

ITA 595/KOL/2022[2017-2018]Status: DisposedITAT Kolkata02 Mar 2023AY 2017-2018

Bench: Dr. Manish Borad & Shri Sonjoy Sarma]

Section 143(3)Section 24Section 263

58,47,025/-. The same was treated as business income and various expenses was deducted from the above said rental income which resulted in income from commercial complex and tower account of Rs. 35,92,826/-. However, the income generated by collection of rent should have been treated as House property income. As per section

GAUTAM KUMAR MITRA,KOLKATA vs. DCIT, CIRCLE - 54, KOLKATA, KOLKATA

In the result, the appeal by the Assessee is allowed

ITA 7/KOL/2012[2006-07]Status: DisposedITAT Kolkata11 May 2016AY 2006-07

Bench: Hon’Ble Sri N.V.Vasudevan, Jm & Shri Waseem Ahmed, Am] I.T.A No. 07/Kol/2012 Assessment Year : 2006-07

For Appellant: Shri A.K.Tibrewal, FCA & Shri Amit Agarwal, AdvocateFor Respondent: Shri Sallong Yaden, Addl.CIT.Sr.DR
Section 143(3)Section 271(1)Section 44A

58,731.81. 6. Regarding the second point of concealment of income from house property. the explanation forwarded is that the addition made in the assessment was not lawful because the assessee followed cash basis accounting, It was stated that the assessee would be filing a petition for rectification u/s 154 in due course. 9 Sri Gautam Kumar Mitra A.Yr

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)

House Property from sub-letting: 3.1. On perusal of the details filed by the assessee it is observed that during the year the assessee earned income from sub-letting amounting to Rs.69,42,958/- from letting out property to Reliance Industries Ltd. and income from service fee of Rs.47,95,168/- from Reliance Industries Ltd. assessee was asked to show

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)

House Property from sub-letting: 3.1. On perusal of the details filed by the assessee it is observed that during the year the assessee earned income from sub-letting amounting to Rs.69,42,958/- from letting out property to Reliance Industries Ltd. and income from service fee of Rs.47,95,168/- from Reliance Industries Ltd. assessee was asked to show

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)

House Property from sub-letting: 3.1. On perusal of the details filed by the assessee it is observed that during the year the assessee earned income from sub-letting amounting to Rs.69,42,958/- from letting out property to Reliance Industries Ltd. and income from service fee of Rs.47,95,168/- from Reliance Industries Ltd. assessee was asked to show

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

house property. In view of such facts, Ld. CIT, DR supported the orders of the lower authorities. 16. We have heard rival contentions and gone through facts and circumstances of the case. The above facts are undisputed in respect to cash flow statement filed by the assessee as well as availability of funds. We find that neither

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

house property. In view of such facts, Ld. CIT, DR supported the orders of the lower authorities. 16. We have heard rival contentions and gone through facts and circumstances of the case. The above facts are undisputed in respect to cash flow statement filed by the assessee as well as availability of funds. We find that neither

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

house property. In view of such facts, Ld. CIT, DR supported the orders of the lower authorities. 16. We have heard rival contentions and gone through facts and circumstances of the case. The above facts are undisputed in respect to cash flow statement filed by the assessee as well as availability of funds. We find that neither

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

house property. In view of such facts, Ld. CIT, DR supported the orders of the lower authorities. 16. We have heard rival contentions and gone through facts and circumstances of the case. The above facts are undisputed in respect to cash flow statement filed by the assessee as well as availability of funds. We find that neither

SANJEEB KUMAR SINGH ,KOLKATA vs. ITO, WARD - 56(1), KOLKATA , KOLKATA

In the result, the appeal of the assessee is partly allowed

ITA 936/KOL/2018[2011-12]Status: DisposedITAT Kolkata13 Mar 2019AY 2011-12

Bench: Shri A. T. Varkey, Jm]

Section 133A

58,611.00 2010-11 2011-12 15,14,850.00 Total investment in house property at Atghara, Check Post, Rajarhar, Kolkata Rs. 76,19,850/- 4 Sanjeeb Kumar Singh AY- 2011-12 6. The registered valuer Dr. Shankar Bhattacharya had estimated the value of the house property total upto assessment year 2011-12 at Rs. 76,31,551/-, so therefore, difference

DCIT, CIR-10(1), KOLKATA, KOLKATA vs. M/S MAA AMBA TOWERS LTD., KOLKATA

Appeal is dismissed

ITA 1381/KOL/2015[2012-13]Status: DisposedITAT Kolkata12 Oct 2018AY 2012-13

Bench: Shri S.S.Godara & Shri, M. Balaganeshassessment Year :2012-13

Section 131Section 143(3)Section 68

58) (Mad HC) CIT Vs Supertech Diamond Tools Pvt Ltd (229 Taxrnan 62) (Raj HC) CIT Vs Victory Spinning Mills Limited (50 taxmann.com 416) (Mad HC) 4.13 In all the above decisions the relief was allowed by the High Courts by placing reliance on the judgment of the Apex Court in the case of CIT Vs Lovely Exports

ITO, WD-8(1), KOLKATA, KOLKATA vs. M/S BATRAM PROPERTIES PVT. LTD., KOLKATA

In the result the appeal of the revenue is dismissed

ITA 984/KOL/2016[2011-2012]Status: DisposedITAT Kolkata12 Jan 2018AY 2011-2012

Bench: Hon’Ble Sri N.V.Vasudevan, Jm & Shri M.Balaganesh, Am] I.T.A No. 984/Kol/2016 Assessment Year : 2011-12

For Appellant: Shri Arindam Bhattacharjee, Addl.CITFor Respondent: Shri Soumitra Choudhury, Advocate
Section 22Section 27

section 22 of the Act the charge to tax of income from house property is based on the ownership of such property. The admitted position in the present case is that the assessee is only a tenant and not the owner of the property. It is also not the case of the revenue that the tenancy is for a period

ACIT, CIRCLE-8(2), KOLKATA, KOLKATA vs. M/S OBEROI HOTELS PVT. LTD., KOLKATA

In the result, the appeal of the Revenue is dismissed

ITA 2000/KOL/2016[2010-11]Status: DisposedITAT Kolkata12 Apr 2019AY 2010-11

Bench: Shri P.M. Jagtap, Vice-(Kz) & Shri S.S. Viswanethra Ravi

Section 143(3)Section 14A

house is on rent to EIH Limited and if a property is actually let out, then the expectation of its letting out becomes an actual reality and such property cannot be expected to let from year to year at any figure higher than the rent which is being produced actually by the property in question. Hence, even

DCIT, CIR-26, KOLKATA, KOLKATA vs. M/S TEWARI WAREHOUSING COMPANY, KOLKATA

In the result, Revenue’s appeal stands allowed partly for statistical

ITA 1316/KOL/2016[2010-2011]Status: DisposedITAT Kolkata16 Mar 2018AY 2010-2011

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Raviassessment Year:2010-11 Dcit, Circle-26 M/S Tewari Warehousing Co. बनाम / Aayakar Bhawan Hide Shed Dump, Old V/S. Dakshin, 2, Gariahat Goragacha Road, Kolkata-88 Road, (South), [Pan No.Aacft 5579 K] Kolkata-68 .. अपीलाथ" /Appellant ""यथ" /Respondent Shri Arindam Bhattacherjee, Addl. Cit-Dr अपीलाथ" क" ओर से/By Appellant Shri Vikash Surana, Advocate ""यथ" क" ओर से/By Respondent 31-01-2018 सुनवाई क" तार"ख/Date Of Hearing 16-03-2018 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per Waseem Ahmed:- This Appeal By The Revenue Is Against The Order Of Commissioner Of Income Tax (Appeals)-7, Kolkata Dated 14.03.2016. Assessment Was Framed By Jcit, Range- 53, Kolkata U/S 143(3)/144 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Vide His Order Dated 28.03.2013 For Assessment Year 2010-11. The Grounds Raised By The Revenue Per Its Appeal Are As Under:- “1. That The Ld. Cit(A) Erred In Directing To Assess The Entire Gross Receipts S Business Income & Allow Deductions As Per Section 28 To 43 Of The It Act When Rental Income Of Rs.2,31,00,000/- Was Already Included In The Gross Receipts. 2. That The Ld. Cit(A) Erred In Deleting The Estimation Of Business Profits Of Rs.2,37,72,132/- Made By The Ao Though Rejection Of Assessee’S Books Of Account U/S 145(3) Considering The Facts Of The Case. 3. That The Ld. Cit(A)’S Order Is Contrary To The Law & Fact Of The Case. 4. The Appellant Craves Leaves To, Add To, Alter Or Modify Any One Or All Of The Grounds Of Appeal Mentioned Above.”

Section 143(3)Section 145(3)Section 194Section 27Section 28

House Property. 6. Aggrieved assessee preferred an appeal before CIT(A). The assessee before the ld. CIT(A) submitted that it is providing complex & composite services such as packing, blending, storing, transporting along with other adequate facilities such as security, wooden pallets to keep the goods safe and under hygienic conditions to the parties. Thus, the predominant object

BATRAM PROPERTIES PVT. LTD.,KOLKATA vs. ITO, WARD-8(1), KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

ITA 95/KOL/2017[2010-11]Status: DisposedITAT Kolkata04 Jul 2018AY 2010-11

Bench: Assessing Officer & Referred To Para No.4.3 Of Cit(A). The Ld. Ar Submits That The Revenue Did Not Prefer Any Appeal Against The Order Dated 12.01.2018 For Assessment Year 2011-12 Passed By This Tribunal. After Hearing Both The Parties, We Find That The Issue Is Covered By The Batram Properties Pvt. Ltd.

For Appellant: Shri Soumitra Choudhury, AdvocateFor Respondent: Shri S. Dasgupta, Addl. CIT (DR)
Section 22Section 27

section 22 of the Act the charge to tax of income from house property is based on the ownership of such property. The admitted position in the present case is that the assessee is only a tenant and not the owner of the property. It is also not the case of the revenue that the tenancy is for a period

DCIT,CIRCLE-1, KOLKATA, KOLKATA vs. M/S. CALCUTTA MUMBAI TRUCK TERMINAL LTD, HOWRAH

Accordingly, the ground no. 2 raised by the revenue is dismissed

ITA 1189/KOL/2012[2007-08]Status: DisposedITAT Kolkata30 Oct 2015AY 2007-08

Bench: : Shri S.S. Viswanethra Ravi

For Appellant: Shri R.S Sahay, FCA,, ld.ARFor Respondent: Shri Sanjay Mukherjee, JCIT,ld.DR
Section 143(3)

58,248/- (10,60,65,717 * (-) 13.16%), while the net profit for the year is Rs. 1,15,292/- , which is higher by Rs. 1,40,73,540/- as compared to last year. It is thus ITA Nos. 1189/K/12, 736/K/11 & 1190/K/12-C-AM 6 Deptt Vs. M/s. Cal. Mum Truck Terminal Ltd & P.Ltd- clear that the application of ratio has been misapplied