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13,731 results for “house property”+ Business Incomeclear

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Key Topics

Addition to Income64Section 143(3)56Section 14A33Section 26333House Property32Deduction28Disallowance28Business Income22Section 1118Section 271(1)(c)

SHARDA CHAMBERS PREMISE CO OP SOCIETY LTD ,MUMBAI vs. ACIT, 17(3), MUMBAI

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

ITA 6554/MUM/2025[2013-14]Status: DisposedITAT Mumbai23 Jan 2026AY 2013-14

Bench: Shri Om Prakash Kant () & Shri Rahul Chaudhary () Assessment Year: 2013-14

For Appellant: Mr. H.N. MotiwallaFor Respondent: Mr. Vikas Chandra, Sr. DR
Section 143(2)

business and that the receipts in question retained the character of rental income arising from the use of immovable property.As the rental income arising from the use of immovable property. rental income arising from the use of immovable property. facts are not disputed the Ld. CIT(A). facts are not disputed the Ld. CIT(A). The learned

DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-I NOIDA, NOIDA vs. M/S ADVANT IT PARK PRIVATE LIMITED , DELHI

Accordingly, both the appeals of the\nRevenue are dismissed

Showing 1–20 of 13,731 · Page 1 of 687

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17
Capital Gains15
Section 36(1)(iii)14
ITA 5334/DEL/2025[2018-19]Status: DisposedITAT Delhi22 Jan 2026AY 2018-19
Section 143(3)

properties and earn income by letting out same, said income was\nto be brought to tax as business income and not as income from house

DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-I, NOIDA, NOIDA vs. M/S ADVANT IT PARK PRIVATE LIMITED, DELHI

Accordingly, both the appeals of the\nRevenue are dismissed

ITA 5332/DEL/2025[2016-17]Status: DisposedITAT Delhi22 Jan 2026AY 2016-17
Section 143(3)

properties and earn income by letting out same, said income was\nto be brought to tax as business income and not as income from house

DY. COMMISSIONER OF INCOME TAX, CETRAL CIRCLE-I, NOIDA, NOIDA vs. ADVANT IT PARK PRIVATE LIMITED, DELHI

Accordingly, both the appeals of the\nRevenue are dismissed

ITA 5333/DEL/2025[2017-18]Status: DisposedITAT Delhi22 Jan 2026AY 2017-18
Section 143(3)

properties and earn income by letting out same, said income was\nto be brought to tax as business income and not as income from house

DCIT, CIRCLE -3(1), VISAKHAPATNAM vs. NORD ANGLIA EDUCATION INFRASTRUCTURE PRIVATE LIMITED, VISAKHAPATNAM

In the result, all the appeals filed by the revenue, viz

ITA 314/VIZ/2025[2014-15]Status: DisposedITAT Visakhapatnam26 Nov 2025AY 2014-15

Bench: Shri Ravish Sood & Shri Balakrishnan S.

For Appellant: 1.Shri Karnjot Singh KhuranaFor Respondent: Shri Badicala Yadagiri, CIT-DR
Section 143(3)

property by the assessee company and the commercial assest has to be exploited by the assessee in the course of its business activity for the purpose of claiming the income as business income. Hence, the rental income received by the assessee during the year is assessable as income from house

DCIT, CIRCLE - 3(1), , VISAKHAPATNAM vs. NORD ANGLIA EDUCATION INFRASTRUCTURE PRIVATE LIMITED, VISAKHAPATNAM

ITA 205/VIZ/2025[2017-18]Status: DisposedITAT Visakhapatnam26 Nov 2025AY 2017-18
For Appellant: 1.Shri Karnjot Singh KhuranaFor Respondent: Shri Badicala Yadagiri, CIT-DR
Section 143(3)

House Property' by treating the income from letting out\nassessable as business income and not as income from house property

DCIT, CIRCLE - 3(1), VISAKHAPATNAM vs. NORD ANGLIA EDUCATION INFRASTRUCTURE PRIVATE LIMITED, VISAKHAPATNAM

In the result, all the appeals filed by the revenue, viz

ITA 206/VIZ/2025[2018-19]Status: DisposedITAT Visakhapatnam26 Nov 2025AY 2018-19

Bench: Shri Ravish Sood & Shri Balakrishnan S.

For Appellant: 1.Shri Karnjot Singh KhuranaFor Respondent: Shri Badicala Yadagiri, CIT-DR
Section 143(3)

property by the assessee company and the commercial assest has to be exploited by the assessee in the course of its business activity for the purpose of claiming the income as business income. Hence, the rental income received by the assessee during the year is assessable as income from house

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

ITA 1332/MUM/2024[2017-18]Status: DisposedITAT Mumbai15 Sept 2025AY 2017-18

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

For Appellant: Shri Nitesh Joshi and Shri Nishith KhatriFor Respondent: Shri Hemanshu Joshi, Sr.DR

Properties judgment, emphasizing that the facts were different, as in that case, the assessee had treated the income as business income. In contrast, the assessee in the present case has consistently treated the rental income as income from house

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

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

ITA 3395/MUM/2024[2012-13]Status: DisposedITAT Mumbai09 Sept 2025AY 2012-13
For Appellant: \nShri K. Gopal & Akhilesh Deshmukh, ARsFor Respondent: \nShri Aditya Rai (Sr. DR)
Section 143(3)Section 148Section 22Section 24

properties to earn rent, which was the business of the\nassessee, income so earned as rent should be treated as “business income” and\nnot as income from house

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

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

ITA 3398/MUM/2024[2017-18]Status: DisposedITAT Mumbai09 Sept 2025AY 2017-18
For Appellant: \nShri K. Gopal & Akhilesh Deshmukh, ARsFor Respondent: \nShri Aditya Rai (Sr. DR)
Section 143(3)Section 148Section 22Section 24

properties to earn rent, which was the business of the\nassessee, income so earned as rent should be treated as “business income” and\nnot as income from house

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

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

ITA 3396/MUM/2024[2014-15]Status: DisposedITAT Mumbai09 Sept 2025AY 2014-15
For Appellant: \nShri K. Gopal & Akhilesh Deshmukh, ARsFor Respondent: \nShri Aditya Rai (Sr. DR)
Section 143(3)Section 148Section 22Section 24

properties to earn rent, which was the business of the\nassessee, income so earned as rent should be treated as “business income” and\nnot as income from house

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

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

ITA 3397/MUM/2024[2015-16]Status: DisposedITAT Mumbai09 Sept 2025AY 2015-16
For Appellant: \nShri K. Gopal & Akhilesh Deshmukh, ARsFor Respondent: \nShri Aditya Rai (Sr. DR)
Section 143(3)Section 148Section 22Section 24

properties to earn rent, which was the business of the\nassessee, income so earned as rent should be treated as “business income” and\nnot as income from house

GOWTHAM RESIDENTIAL JUNIOR COLLEGE,VIJAYAWADA vs. ACIT, CENTRAL CIRCLE, VIJAYAWADA

In the result, appeals of the assessee are allowed

ITA 26/VIZ/2022[2013-14]Status: DisposedITAT Visakhapatnam24 Jun 2025AY 2013-14

Bench: Shri Ravish Sood, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपीलसं./I.T.A.Nos.25 & 26/Viz/2022 (निर्धारण वर्ा/ Assessment Years: 2017-18 & 2013-14) Gowtham Residential Junior College V. Asst. Cit-Central Circle Vijayawada 1-87, Gudavalli Village Gudavalli, Vijayawada – 521104 Andhra Pradesh [Pan: Aaefg4399L] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent)

Section 255(4)

business income and claimed the expenditure against the said income thereby reported the total income at loss. The Assessing Officer has treated the rental income as income from house property

GOWTHAM RESIDENTIAL JUNIOR COLLEGE,VIJAYAWADA vs. ACIT, CENTRAL CIRCLE, VIJAYAWADA

In the result, appeals of the assessee are allowed

ITA 25/VIZ/2022[2017-18]Status: DisposedITAT Visakhapatnam24 Jun 2025AY 2017-18

Bench: Shri Ravish Sood, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपीलसं./I.T.A.Nos.25 & 26/Viz/2022 (निर्धारण वर्ा/ Assessment Years: 2017-18 & 2013-14) Gowtham Residential Junior College V. Asst. Cit-Central Circle Vijayawada 1-87, Gudavalli Village Gudavalli, Vijayawada – 521104 Andhra Pradesh [Pan: Aaefg4399L] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent)

Section 255(4)

business income and claimed the expenditure against the said income thereby reported the total income at loss. The Assessing Officer has treated the rental income as income from house property

DCIT 2 2 1, MUMBAI vs. M S LUVISH INFOTECH PROJECTS PRIVATE LIMITED, MUMBAI

In the result, the appeal filed by the revenue bearing ITA

ITA 815/MUM/2025[2012-13]Status: DisposedITAT Mumbai17 Jun 2025AY 2012-13

Bench: Shri Vikram Singh Yadav & Shri Anikesh Banerjeedcit (2)(2)(1), Mumbai Vs M/S Luvish Infotech Projects 5Th Room No.545, Floor, Private Limited, Aayakar Bhavan, M.K. Road, Cts 102/2, Sani Armaa, Raut Lane, Mumbai-400 020 Juhu, Vile Parle West, Mumbai-400 049 Pan : Aadcm4966H Appellant Respondent

For Appellant: Shri Shobhit Mishra & Mr. Mahaveer JainFor Respondent: Shri Annavaram Kosuri SR.AR
Section 143(3)Section 14ASection 14A(1)Section 250Section 72

Property Income as business income by the assessee while filing the return of income. But during the assessment proceedings, the Ld.AO treated this business income as “Income from House

RAJESH KUMAR JAISWAL,,ALLAHABAD vs. DEPUTY/ACIT(CENTRAL), ALLAHABAD

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

ITA 16/ALLD/2023[2018-19]Status: DisposedITAT Allahabad02 May 2025AY 2018-19

Bench: the query raised by the assessing authority vide questionnaire issued under section 142 (1) dated 23.01.2021, in assessment proceedings for the AY 2018-19.

For Appellant: Sh. Nikhil Agarwal & Ms. VidishaFor Respondent: Sh. A.K. Singh, Sr. DR
Section 115Section 115BSection 142Section 24Section 250Section 68Section 69

business income. Furthermore, since the income from these properties had been disclosed on net basis in the return, the ld. AO held that no further deductions were allowable to the assessee other than the income declared. Therefore, he disallowed the deduction under section 24(a) amounting to Rs. 7,03,585/- on these properties. He also disallowed the house

DCIT, RANGE-3, LUCKNOW vs. M/S WELLDONE INFRASTRUCTURE PVT. LTD., LUCKNOW

In the result, the appeal of the Revenue is dismissed

ITA 406/LKW/2020[2017-18]Status: DisposedITAT Lucknow22 Apr 2025AY 2017-18

Bench: Sh.Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y.2017-18 Dy. Commissioner Of Income Tax, Vs. M/S Welldone Infrastructure Range-3, Lucknow Private Limited, Lucknow Pan:Aaacw6354Q (Appellant) (Respondent) Assessee By: Sh. B.P. Yadav, Advocate Revenue By: Sh. Amit Singh Chauhan, Addl (Cit) & Sh. Sunil Kumar Rajwanshi, Addl Cit (Dr) Date Of Hearing: 10.02.2025 Date Of Pronouncement: 22.04.2025 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Revenue Against The Order Of The Ld. Cit(A)-2, Lucknow Under Section 250 Of The Income Tax Act, 1961 Allowing The Appeal Of The Assessee Against The Order Passed By The Ld. Ao Under Section 143(3) On 19.12.2019. The Grounds Of Appeal Are As Under:- “1. That The Ld. Cit(A)-2, Lucknow Has Erred In Law & On Facts In Deleting The Addition Of Rs.2,26,72,571/- Without Appreciate The Fact That The Assessee Is Involved In The Business Of Developing Properties & Selling It & Is Earning Rental Income Which Is Incidental To The "Revenue From Business Operations" Of The Assessee. 2. Ld. Cit(A) Had Erred In Law & On Facts Ignoring The Fact That The Assessee, While Filing Original Return Of Income Had Itself Considered That Rental Are In The Nature Of Revenue From Business Operations.

For Appellant: Sh. B.P. Yadav, AdvocateFor Respondent: Sh. Amit Singh Chauhan, Addl (CIT) & Sh
Section 143(3)Section 22Section 250

property income of Rs.2,26,72,571/-as income from Business and Profession by observing that the assessee company failed to explain/justify as to why the rental income of Rs.2,26,72,571/-is business income and not the House

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE- 1(1), , GUNTUR vs. BBM ESTATES PRIVATE LIMITED, GUNTUR

In the result, Revenue appeal is allowed and the C

ITA 185/VIZ/2024[2020-21]Status: DisposedITAT Visakhapatnam01 Apr 2025AY 2020-21

Bench: Shri Vijay Pal Rao, Vice-A N D Shri S. Balakrishnan.आ.अपी.सं /Ita No.185/Viz/2024 (िनधा"रण वष"/Assessment Year: 2020-21) Acit Vs. Bbm Estates (P) Ltd Circle 1(1) Guntur Guntur Pan: Aaace2607G (Appellant) (Respondent) C.O No.12/Viz/2024 (Arising Out Of Ita No.1895/Viz/2024) Bbm Estates (P) Ltd Vs. Acit Guntur Circle 1(1) Pan: Aaace2607G Guntur (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri G.V.N. Hari, Ca राज" व "ारा/Revenue By:: Shri Satyasai Rath, Dr सुनवाई की तारीख/Date Of Hearing: 07/01/2025 घोषणा की तारीख/Pronouncement: 01/04/2025 आदेश/Order

For Appellant: Shri G.V.N. Hari, CAFor Respondent: : Shri Satyasai Rath, DR

property is one of the main objects of the assessee company and this lease/rental income is the only income reported by the assessee as business income in the books of account/audited financials. We found that the claim of the assessee in the return of income declaring the rental income as income from house

MAKEWAVES SEA RESORTS PVT LTD,MUMBAI vs. THE DEPUTY COMMISSIONER OF INCOME TAX , CIRCLE -4(3)(1), MUMBAI

In the result, the appeal of the assessee is allowed

ITA 3861/MUM/2024[2017-18]Status: DisposedITAT Mumbai16 Dec 2024AY 2017-18

Bench: Smt. Beena Pillai & Smt. Renu Jauhrimakewaves Sea Rsorts Pvt. V/S. Dcit, Circle – 4(3)(1) Ltd. बनाम 6Th Floor, Aaykar Bhavan, Construction House – B, Mumbai-400020 2Nd Floor, 623, Linking Road, Khar(West), Mumbai-400052 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaacm0673J Appellant/अपीलार्थी .. Respondent/प्रतिवादी

For Appellant: Shri Sanjaj B. SawantFor Respondent: Shri R. R. Makwana
Section 143(3)Section 23(5)Section 250

properties and the rental income received was shown as business income, the action of AO treating the rental income as income from house

PALM GROVE BEACH HOTEL PVT LTD,MUMBAI vs. THE DEPUTY COMMISSIONER OF INCOME TAX CIRCLE -13(1)(2), MUMBAI

In the result, the appeal is allowed

ITA 3858/MUM/2024[2017-18]Status: DisposedITAT Mumbai11 Oct 2024AY 2017-18
Section 143(1)Section 143(2)Section 14A

Housing FITA. No. 6332/M/2016\nA.Y.2012-13 11 Supreme Court held that since\nthe assessee company's main object, is to\nacquire and held properties and to let out these\nproperties, the income earned by letting out\nthese properties is main objective of the\ncompany, therefore, rent received from the\nletting out of the properties is assessable as\nincome from business