INCOME TAX OFFICER, WARD-2(1), HYDERABAD vs. NARASIMHA REDDY DUTHALA, HYDERABAD

In the result, appeal of the Revenue is dismissed

144 taxmann.com\n127) (Mumbai - Trib.) has held that where Assessing Officer\ndenied exemption under section 54F(1), holding that assessee\nwas owner of two residential properties at time of transfer of\noriginal asset, since one property was under construction and\nincome from said property was not chargeable under head\n\"Income from house

DY. COMMISSIONER OF INCOME TAX , CIRCLE-1(2), HYDERABAD vs. CACHE PROPERTIES PRIVATE LIMITED , HYDERABAD

In the result, the Revenue’s appeal is dismissed

Bench: Smt. P. Madhavi Devi & Shri A. Mohan Alankamony

Section 28 cannot be invoked and the income received cannot be treated as profits of business. He also placed reliance upon the decision of the Hon'ble Apex Court in the case of Raj Dadarkar & Associates Vs. ACIT [394 ITR 592] (SC), wherein it was held that – The assessee acquired leasehold rights in a property, constructed various shops and stalls