ARIHANT VASTUNIRMAN PRIVATE LIMITED,RATNAGIRI vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 1, KOLHAPUR
In the result, the appeal filed by the assessee is allowed
ITA 448/PUN/2024[2017-18]Status: DisposedITAT Pune23 Oct 2024AY 2017-18
Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.448/Pun/2024 िनधा"रण वष" / Assessment Year: 2017-18 Arihant Vastunirman Private Vs. Acit, Circle-1, Kolhapur. Limited, Office No.1, Siddhivinayak Community Hall, Shivaji Nagar, Siddhivinayak Nagar, Ratnagiri- 415612. Pan : Aakca4408K Appellant Respondent Assessee By : Shri Pramod S. Shingte Revenue By : Shri Ramnath P. Murkunde Date Of Hearing : 14.08.2024 Date Of Pronouncement 23.10.2024 : आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 16.02.2024 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2017-18. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. On The Facts & Circumstances Of The Case & In Law The Ld. Cit(A) Erred In Confirming The Addition By The A.O. Of Rs.34,14,922/- Representing Notional Rental Income In Respect Of Unsold Flats Forming Part Of Closing Inventory Of The Appellant.
For Appellant: Shri Pramod S. ShingteFor Respondent: Shri Ramnath P. Murkunde
Section 143(2)Section 23(4)Section 23(5)
142(1) were issued to the assessee along with questionnaire. During the course of assessment proceedings, the Assessing Officer found that number of unsold flats and commercial property (shops) were held as unsold stock in hand.
Accordingly, the Assessing Officer asked the assessee in the light of section 23(4) of the IT Act that why not deemed rental income