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

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

section 22 of the Income\ntax Act, 1961 (hereinafter referred as 'the Act') and the rental income\nchargeable tax under the head ‘Income from house property’. [CIT v Ansal\nHousing Finance & Leasing Co. Ltd (2016) 72 Taxman.com 254]. Thus,\nthe AO is not justified in treating the rental receipts of Rs.3,95,73

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

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

section 22 of the Income\ntax Act, 1961 (hereinafter referred as 'the Act') and the rental income\nchargeable tax under the head ‘Income from house property’. [CIT v Ansal\nHousing Finance & Leasing Co. Ltd (2016) 72 Taxman.com 254]. Thus,\nthe AO is not justified in treating the rental receipts of Rs.3,95,73

MOHAN GURNANI,NAVI MUMBAI vs. DCIT CENTRAL CIRLE - 5(2), MUMBAI

The appeal of the assessee is partly allowed for assessment year 2014 – 15 also

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm

house property was taxed at ₹ 73,722/– based on the property tax bill and (5) the flat number 16 was taxed at ₹ 247,934/– on the basis of deemed rent of ₹ 3 lakhs offered by the assessee in assessment year 2016 – 17. b) The assessee claimed long-term capital gain on sale of the shares as exempt under section

MOHAN THAKURDAS GURNANI,NAVI MUMBAI vs. DY CIT -CC-5(2), MUMBAI

The appeal of the assessee is partly allowed for assessment year 2014 – 15 also

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm

house property was taxed at ₹ 73,722/– based on the property tax bill and (5) the flat number 16 was taxed at ₹ 247,934/– on the basis of deemed rent of ₹ 3 lakhs offered by the assessee in assessment year 2016 – 17. b) The assessee claimed long-term capital gain on sale of the shares as exempt under section

MOHAN THAKURDAS GURNANI,NAVI MUMBAI vs. DY CIT -CC-5(2), MUMBAI

The appeal of the assessee is partly allowed for assessment year 2014 – 15 also

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm

house property was taxed at ₹ 73,722/– based on the property tax bill and (5) the flat number 16 was taxed at ₹ 247,934/– on the basis of deemed rent of ₹ 3 lakhs offered by the assessee in assessment year 2016 – 17. b) The assessee claimed long-term capital gain on sale of the shares as exempt under section

MOHAN THAKURDAS GURNANI,NAVI MUMBAI vs. DY CIT -CC-5(2), MUMBAI

The appeal of the assessee is partly allowed for assessment year 2014 – 15 also

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm

house property was taxed at ₹ 73,722/– based on the property tax bill and (5) the flat number 16 was taxed at ₹ 247,934/– on the basis of deemed rent of ₹ 3 lakhs offered by the assessee in assessment year 2016 – 17. b) The assessee claimed long-term capital gain on sale of the shares as exempt under section

MOHAN THANKURDAS GURNANI,NAVI MUMBAI vs. DY CIT -CC-5(2), MUMBAI

The appeal of the assessee is partly allowed for assessment year 2014 – 15 also

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm

house property was taxed at ₹ 73,722/– based on the property tax bill and (5) the flat number 16 was taxed at ₹ 247,934/– on the basis of deemed rent of ₹ 3 lakhs offered by the assessee in assessment year 2016 – 17. b) The assessee claimed long-term capital gain on sale of the shares as exempt under section

MOHAN THAKURDAS GURNANI,NAVI MUMBAI vs. DY CIT -CC-5(2), MUMBAI

The appeal of the assessee is partly allowed for assessment year 2014 – 15 also

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm

house property was taxed at ₹ 73,722/– based on the property tax bill and (5) the flat number 16 was taxed at ₹ 247,934/– on the basis of deemed rent of ₹ 3 lakhs offered by the assessee in assessment year 2016 – 17. b) The assessee claimed long-term capital gain on sale of the shares as exempt under section

MOHAN THAKURDAS GURNANI,NAVI MUMBAI vs. DY CIT -CC-5(2), MUMBAI

The appeal of the assessee is partly allowed for assessment year 2014 – 15 also

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm

house property was taxed at ₹ 73,722/– based on the property tax bill and (5) the flat number 16 was taxed at ₹ 247,934/– on the basis of deemed rent of ₹ 3 lakhs offered by the assessee in assessment year 2016 – 17. b) The assessee claimed long-term capital gain on sale of the shares as exempt under section

DCIT CENTRAL CIRCLE-2(4) , MUMBAI vs. RUSTOMJEE EVERSHINE JOINT VENTURE , MUMBAI

In the result, the appeals filed by the revenue for AY 2013-14 &

Bench: Shri Aby T. Varkey, Jm & Shri S. Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No.1349/Mum/2022 (निर्धारण वर्ा / Assessment Year: 2013-14) Dcit, Central Circle-2(4) बिधम/ Rustomjee Evershine Room No. 802, 8Th Floor, Joint Venture Vs. Prathishtha Bhavan, M. K. Global City, Narangi Road, Churchgate, Mumbai- Bypass Road, Close To 400020. Viva College, Virar (W), Virar-401303. Cross Objection No. 27/Mum/2023 Arising Out Of I.T.A. No.1349/Mum/2022 (निर्धारण वर्ा / Assessment Year: 2013-14) Rustomjee Evershine Joint बिधम/ Dcit, Central Circle-2(4) Room No. 802, 8Th Floor, Venture Vs. Global City, Narangi Prathishtha Bhavan, M. K. Bypass Road, Close To Viva Road, Churchgate, College, Virar (W), Virar- Mumbai-400020. 401303. आयकर अपील सं/ I.T.A. Nos.1824 & 1825/Mum/2022 (निर्धारण वर्ा / Assessment Years: 2016-17 & 2014-15) Dcit, Central Circle-2(4) बिधम/ Rustomjee Evershine Room No. 802, 8Th Floor, Joint Venture Vs. Prathishtha Bhavan, M. K. Global City, Narangi Road, Churchgate, Mumbai- Bypass Road, Close To 400020. Viva College, Virar (W), Virar-401303. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaaar7687M (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Naresh Kumar Revenue By: Shri P. D. Chougule (Addl. Cit) सुनवाई की तारीख / Date Of Hearing: 25/05/2023 घोषणा की तारीख /Date Of Pronouncement: 31/07/2023

house property” as per section 23 of the Act. Assessee’s reply has been reproduced by the AO at para no. 6.2 to 6.5 of his assessment order and thereafter, he expressed his opinion at para 6.6 to 6.7 and made an addition of Rs.28,73

DCIT CENTRAL CIRCEL-2(4), MUMBAI vs. RUSTOMJI EVERSHINE JOINT VENTURE, MUMBAI

In the result, the appeals filed by the revenue for AY 2013-14 &

Bench: Shri Aby T. Varkey, Jm & Shri S. Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No.1349/Mum/2022 (निर्धारण वर्ा / Assessment Year: 2013-14) Dcit, Central Circle-2(4) बिधम/ Rustomjee Evershine Room No. 802, 8Th Floor, Joint Venture Vs. Prathishtha Bhavan, M. K. Global City, Narangi Road, Churchgate, Mumbai- Bypass Road, Close To 400020. Viva College, Virar (W), Virar-401303. Cross Objection No. 27/Mum/2023 Arising Out Of I.T.A. No.1349/Mum/2022 (निर्धारण वर्ा / Assessment Year: 2013-14) Rustomjee Evershine Joint बिधम/ Dcit, Central Circle-2(4) Room No. 802, 8Th Floor, Venture Vs. Global City, Narangi Prathishtha Bhavan, M. K. Bypass Road, Close To Viva Road, Churchgate, College, Virar (W), Virar- Mumbai-400020. 401303. आयकर अपील सं/ I.T.A. Nos.1824 & 1825/Mum/2022 (निर्धारण वर्ा / Assessment Years: 2016-17 & 2014-15) Dcit, Central Circle-2(4) बिधम/ Rustomjee Evershine Room No. 802, 8Th Floor, Joint Venture Vs. Prathishtha Bhavan, M. K. Global City, Narangi Road, Churchgate, Mumbai- Bypass Road, Close To 400020. Viva College, Virar (W), Virar-401303. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaaar7687M (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Naresh Kumar Revenue By: Shri P. D. Chougule (Addl. Cit) सुनवाई की तारीख / Date Of Hearing: 25/05/2023 घोषणा की तारीख /Date Of Pronouncement: 31/07/2023

house property” as per section 23 of the Act. Assessee’s reply has been reproduced by the AO at para no. 6.2 to 6.5 of his assessment order and thereafter, he expressed his opinion at para 6.6 to 6.7 and made an addition of Rs.28,73

DCIT CENTRAL CIRCLE-2(4) , MUMBAI vs. RUSTOMJEE EVERSHINE JOINT VENTURE , MUMBAI

In the result, the appeals filed by the revenue for AY 2013-14 &

Bench: Shri Aby T. Varkey, Jm & Shri S. Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No.1349/Mum/2022 (निर्धारण वर्ा / Assessment Year: 2013-14) Dcit, Central Circle-2(4) बिधम/ Rustomjee Evershine Room No. 802, 8Th Floor, Joint Venture Vs. Prathishtha Bhavan, M. K. Global City, Narangi Road, Churchgate, Mumbai- Bypass Road, Close To 400020. Viva College, Virar (W), Virar-401303. Cross Objection No. 27/Mum/2023 Arising Out Of I.T.A. No.1349/Mum/2022 (निर्धारण वर्ा / Assessment Year: 2013-14) Rustomjee Evershine Joint बिधम/ Dcit, Central Circle-2(4) Room No. 802, 8Th Floor, Venture Vs. Global City, Narangi Prathishtha Bhavan, M. K. Bypass Road, Close To Viva Road, Churchgate, College, Virar (W), Virar- Mumbai-400020. 401303. आयकर अपील सं/ I.T.A. Nos.1824 & 1825/Mum/2022 (निर्धारण वर्ा / Assessment Years: 2016-17 & 2014-15) Dcit, Central Circle-2(4) बिधम/ Rustomjee Evershine Room No. 802, 8Th Floor, Joint Venture Vs. Prathishtha Bhavan, M. K. Global City, Narangi Road, Churchgate, Mumbai- Bypass Road, Close To 400020. Viva College, Virar (W), Virar-401303. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaaar7687M (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Naresh Kumar Revenue By: Shri P. D. Chougule (Addl. Cit) सुनवाई की तारीख / Date Of Hearing: 25/05/2023 घोषणा की तारीख /Date Of Pronouncement: 31/07/2023

house property” as per section 23 of the Act. Assessee’s reply has been reproduced by the AO at para no. 6.2 to 6.5 of his assessment order and thereafter, he expressed his opinion at para 6.6 to 6.7 and made an addition of Rs.28,73

H & M HOUSING FINANCE AND LEASING PRIVATE LIMITED ,MUMBAI vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 7(1)(2), MUMBAI

In the result, ground No. 1 and 2 of the assessee‟s appeal is allowed

Bench: Shri Vikram Singh Yadav & Shri Raj Kumar Chauhanassessment Year : 2017-18 H&M Housing Finance & Deputy Commissioner Of Leasing Private Limited, Income Tax, C/62, 9Th Floor, Vibgyor Towers, Vs. Circle–7(1)(2), Bandra Kurla Complex, Aayakar Bhavan, Bandra (East), M.K.Road, Mumbai-400051. Mumbai-400020. Pan : Aabch4398E (Appellant) (Respondent) Assessee By : Shri Nitesh Joshi & Shri Nishith Khatri Revenue By : Shri Hemanshu Joshi, Sr.Dr

section 9 and taxed accordingly”. This judgment, supported by earlier cases like United 7 Commercial Bank Ltd. vs. CIT (32 ITR 688) and others, and aligns with rulings from House of Lords in the case of Fry v. Salisbury House Estates Co. Ltd. (1930) AC 432 and Hon‟ble Calcutta High Court in Commercial Properties Limited

ISLAND STAR MALL DEVELOPES PRIVATE LIMITED,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 6(3)(1), MUMBAI

In the result, the appeal filed by the assessee is partly allowed for statistical purposes

Bench: Shri Br Baskaran & Shri Pavan Kumar Gadale

Section 24 Deduction u/s 24(a) @ 30% NVA (Standard deduction) XXXX Deduction u/s 24(b) on account of interest on XXXX borrowed Income from house property XXXX 11. The Ld.AR explained that the revenue authorities has accepted the method of offering of rental income for the A.Y.2016-17 to A.Y.2021-22, where the assessee has offered rental income under the income from

ISLAND STAR MALL DEVELOPES PRIVATE LIMITED,MUMBAI SUBURBAN vs. DY COMMISSIONER OF INCOME TAX, CIRCLE 6(3)(1), MUMBAI

In the result, the appeal filed by the assessee is partly allowed for statistical purposes

Bench: Shri Br Baskaran & Shri Pavan Kumar Gadale

Section 24 Deduction u/s 24(a) @ 30% NVA (Standard deduction) XXXX Deduction u/s 24(b) on account of interest on XXXX borrowed Income from house property XXXX 11. The Ld.AR explained that the revenue authorities has accepted the method of offering of rental income for the A.Y.2016-17 to A.Y.2021-22, where the assessee has offered rental income under the income from

ISLAND STAR MALL DEVELOPES PRIVATE LIMITED,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 6(3)(1), MUMBAI

In the result, the appeal filed by the assessee is partly allowed for statistical purposes

Bench: Shri Br Baskaran & Shri Pavan Kumar Gadale

Section 24 Deduction u/s 24(a) @ 30% NVA (Standard deduction) XXXX Deduction u/s 24(b) on account of interest on XXXX borrowed Income from house property XXXX 11. The Ld.AR explained that the revenue authorities has accepted the method of offering of rental income for the A.Y.2016-17 to A.Y.2021-22, where the assessee has offered rental income under the income from

ISLAND STAR MALL DEVELOPES PRIVATE LIMITED,MUMBAI SUBURBAN vs. DY COMMISSIONER OF INCOME TAX, CIRCLE 6(3)(1), MUMBAI

In the result, the appeal filed by the assessee is partly allowed for statistical purposes

Bench: Shri Br Baskaran & Shri Pavan Kumar Gadale

Section 24 Deduction u/s 24(a) @ 30% NVA (Standard deduction) XXXX Deduction u/s 24(b) on account of interest on XXXX borrowed Income from house property XXXX 11. The Ld.AR explained that the revenue authorities has accepted the method of offering of rental income for the A.Y.2016-17 to A.Y.2021-22, where the assessee has offered rental income under the income from

ASSTT. COMMISSIONER OF INCOME TAX CIRCLE 6(1)(2), MUMBAI vs. M/S ISLAND STAR MALL DEVELOPERS PVT LTD, MUMBAI

In the result, the appeal filed by the assessee is partly allowed for statistical purposes

Bench: Shri Br Baskaran & Shri Pavan Kumar Gadale

Section 24 Deduction u/s 24(a) @ 30% NVA (Standard deduction) XXXX Deduction u/s 24(b) on account of interest on XXXX borrowed Income from house property XXXX 11. The Ld.AR explained that the revenue authorities has accepted the method of offering of rental income for the A.Y.2016-17 to A.Y.2021-22, where the assessee has offered rental income under the income from