ARIHANT DEVELOPERS,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE -1 , KALYAN

In the result, all the above appeals of the assessee are\ndismissed

house property\ndespite the facts that the assessee owns more than one property capable of fetching\nfair market rent and disregarding the provisions of section 23(4

ARIHANT DEVELOPERS,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE -1, KALYAN

In the result, all the above appeals of the assessee are\ndismissed

house property\ndespite the facts that the assessee owns more than one property capable of fetching\nfair market rent and disregarding the provisions of section 23(4

DEEPAK KANTILAL SHAH,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-19(1), MUMBAI

Appeal is allowed in above terms

Bench: Shri Satbeer Singh Godara (Jm) & Shri Girish Agrawal (Am)

house property as self-occupied property (SOP) and the other property as deemed to be let out property (DLOP). He placed emphasis on term "at his option". 6.1.3 Section 23 speaks about the determination of annual value. Before proceeding further we need to look at the provisions of section 23(2) & 23(4

BASARIBANU MOHD RAFIQ LATIWALA,MUMBAI vs. ITO 12(3)(3), MUMBAI

In the result, appeal filed by the assessee in ITA No

Bench: Shri C.N. Prasad & Shri Ramit Kocharआयकर अपील सं./I.T.A. No. 5420/Mum/2016 ("नधा"रण वष" / Assessment Year : 2011-12) Smt. Basaribanu Mohd. Rafiq Income Tax Officer बनाम/ Latiwala, 12(3)(3), V. 701/702 Neelam, Aayakar Bhavan, Rizvi Complex, Mumbai. Carter Road, Bandra (West), Mumbai – 400 050. "थायी लेखा सं./Pan : Abgpl0686G (अपीलाथ" /Appellant) .. (""यथ" / Respondent)

section 54F of the Act, the sale proceeds can be invested in an under ITA 5420/Mum/2016 3 construction house property within a period of three years and hence the assessee was entitled for full deduction of Rs. 92.66 lakhs. The A.O. did not accepted contentions of the assessee. The A.O. observed that the assessee has got transfer of lease

SUMAN GUPTA,MUMBAI vs. DCIT - CC- 4(2), MUMBAI

In the result, appeal of the assessee for assessment year 2015

Bench: Shri Kuldip Singh () & Shri Om Prakash Kant () Ita Nos. 3860 & 3859/Mum/2018 Assessment Years: 2014-15 & 2015-16 Smt. Suman Gupta, Dy. Cit Cc-4(2), 6Th New Harileela House, Air India Building, 19Th Mint Road, Fort, Vs. Floor, Room No. 1918, Mumbai-400 001. Nariman Point, Mumbai-21. Pan No. Ahqpg 0220 P Appellant Respondent Assessee By : Mr. Bhupendra Karkhanis & Mr. Aakash Marthak & Mr. Vijay Bhatt, Ars Revenue By : Dr. Kishor Dhule, Cit-Dr Date Of Hearing : 02/03/2023 : Date Of Pronouncement 27/04/2023 Order

4) Where the property referred to in sub-section (2) section (2) consists of mor consists of more than 54[two houses]— (a) the provisions of that sub (a) the provisions of that sub-section shall apply only in section shall apply only in respect of 55[two] of such houses, which the assessee respect of 55[two] of such

THE PHOENIX MILLS LTD,MUMBAI vs. ASST CIT CEN CIR 47, MUMBAI

In the result, ground No.4 taken by assessee in assessment year

Bench: Shri R.C. Sharma (Am) & Shri Pawan Singh (Jm)

4, and 5 for the A.Y 2008-09 relate to allocation of expenses on proportionate basis in the nature of salaries and wages, advertisement and sales promotion, security charges and repairs and maintenance expenditure respectively. The ratio adopted by AO for the allocation of expenses attributable to House Property

THE PHOENIX MILLS LTD,MUMBAI vs. DCIT CEN CIR 47, MUMBAI

In the result, ground No.4 taken by assessee in assessment year

Bench: Shri R.C. Sharma (Am) & Shri Pawan Singh (Jm)

4, and 5 for the A.Y 2008-09 relate to allocation of expenses on proportionate basis in the nature of salaries and wages, advertisement and sales promotion, security charges and repairs and maintenance expenditure respectively. The ratio adopted by AO for the allocation of expenses attributable to House Property

THE PHOENIX MILLS LTD,MUMBAI vs. ASST CIT CEN CIR 47, MUMBAI

In the result, ground No.4 taken by assessee in assessment year

Bench: Shri R.C. Sharma (Am) & Shri Pawan Singh (Jm)

4, and 5 for the A.Y 2008-09 relate to allocation of expenses on proportionate basis in the nature of salaries and wages, advertisement and sales promotion, security charges and repairs and maintenance expenditure respectively. The ratio adopted by AO for the allocation of expenses attributable to House Property

THE PHOENIX MILLS LTD,MUMBAI vs. ASST CIT CEN CIR 47, MUMBAI

In the result, ground No.4 taken by assessee in assessment year

Bench: Shri R.C. Sharma (Am) & Shri Pawan Singh (Jm)

4, and 5 for the A.Y 2008-09 relate to allocation of expenses on proportionate basis in the nature of salaries and wages, advertisement and sales promotion, security charges and repairs and maintenance expenditure respectively. The ratio adopted by AO for the allocation of expenses attributable to House Property

THE PHOENIX MILLS LTD,MUMBAI vs. ASST CIT CEN CIR 47, MUMBAI

In the result, ground No.4 taken by assessee in assessment year

Bench: Shri R.C. Sharma (Am) & Shri Pawan Singh (Jm)

4, and 5 for the A.Y 2008-09 relate to allocation of expenses on proportionate basis in the nature of salaries and wages, advertisement and sales promotion, security charges and repairs and maintenance expenditure respectively. The ratio adopted by AO for the allocation of expenses attributable to House Property

ASST CIT CC 8(4), MUMBAI vs. PHOENIX MILLS LTD, MUMBAI

In the result, ground No.4 taken by assessee in assessment year

Bench: Shri R.C. Sharma (Am) & Shri Pawan Singh (Jm)

4, and 5 for the A.Y 2008-09 relate to allocation of expenses on proportionate basis in the nature of salaries and wages, advertisement and sales promotion, security charges and repairs and maintenance expenditure respectively. The ratio adopted by AO for the allocation of expenses attributable to House Property

ASST CIT CC 8(4), MUMBAI vs. PHOENIX MILLS LTD, MUMBAI

In the result, ground No.4 taken by assessee in assessment year

Bench: Shri R.C. Sharma (Am) & Shri Pawan Singh (Jm)

4, and 5 for the A.Y 2008-09 relate to allocation of expenses on proportionate basis in the nature of salaries and wages, advertisement and sales promotion, security charges and repairs and maintenance expenditure respectively. The ratio adopted by AO for the allocation of expenses attributable to House Property

THE PHOENIX MILLS LTD,MUMBAI vs. ASST CIT CEN CIR 47, MUMBAI

In the result, ground No.4 taken by assessee in assessment year

Bench: Shri R.C. Sharma (Am) & Shri Pawan Singh (Jm)

4, and 5 for the A.Y 2008-09 relate to allocation of expenses on proportionate basis in the nature of salaries and wages, advertisement and sales promotion, security charges and repairs and maintenance expenditure respectively. The ratio adopted by AO for the allocation of expenses attributable to House Property

THE PHOENIX MILLS LTD,MUMBAI vs. ASST CIT CEN CIR 47, MUMBAI

In the result, ground No.4 taken by assessee in assessment year

Bench: Shri R.C. Sharma (Am) & Shri Pawan Singh (Jm)

4, and 5 for the A.Y 2008-09 relate to allocation of expenses on proportionate basis in the nature of salaries and wages, advertisement and sales promotion, security charges and repairs and maintenance expenditure respectively. The ratio adopted by AO for the allocation of expenses attributable to House Property

CLASSIC MALL DEVELOPMENT COMPANY LIMITED,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 6(2)(1), MUMBAI

In the result, appeal of the assessee is allowed

Bench: Shri Amit Shukla & Shri Girish Agrawalassessment Year: 2016-17

4) Where the property referred to in sub-section (2) consists of more than two houses— (a) the provisions of that sub-section shall apply only in respect of two of such houses, which the assessee may, at his option, specify in this behalf; (b) the annual value of the house or houses, other than the house or houses

MODERN ABODES PVT LTD,MUMBAI vs. ITO WARD 12(3)(4) , MUMBAI

In the result, appeal filed by the assessee is allowed

Bench: Shri Kuldip Singh, Hon'Ble & Shri S. Rifaur Rahman, Hon'Blemodern Abodes Pvt. Ltd., V. Income Tax Officer – 12(3)(4) C/O. Gulabani & Co. Room No. 148, Aayakar Bhavan M.K. Road, Mumbai - 400020 506, 5Th Floor Shree Prasad House 35Th Road, Off. Linking Road Bandra (W), Mumbai - 400050 Pan: Aagcm1595B (Appellant) (Respondent) Assessee Represented By : Ms. Neelam Jadhav Shri Ashish Kumar Deharia Department Represented By :

house property’. The provisions of Section 23(4) of the Act are meant only for properties that are held as investments

MORAJ FINANZ CORPORATION,NAVI MUMBAI vs. DCLT CENTRAL CIRLE - 5(2), MUMBAI

In the result, appeal filed by the assessee is partly allowed as per above direction

Bench: Aby T. Varkey, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

property referred to in section 23(2) consists of more than one (A.Ys: 2010-11, 2011-12 & 2012-13) MorajFinanz Corporation house, then section 23(2) is to apply only in respect of one of such houses and section 23(4

MORA] FINANZ CORPORATION,NAVI MUMBAI vs. DCIT CENTRAL CIRLE - 5(2), MUMBAI

In the result, appeal filed by the assessee is partly allowed as per above direction

Bench: Aby T. Varkey, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

property referred to in section 23(2) consists of more than one (A.Ys: 2010-11, 2011-12 & 2012-13) MorajFinanz Corporation house, then section 23(2) is to apply only in respect of one of such houses and section 23(4