Tag: House Property income

Residential Flats held as stock in trade-Municipal rateable value to be adopted for determining income from house property In a recent judgment, ITAT has held that in respect of residential Flats held as stock in trade, the municipal rateable value to be adopted  for determining income under the …

Deduction of annual mixed used charge not allowable from house property income u/s 23(1) of the Income Tax Act 1961 – ITAT ABCAUS Case Law CitationABCAUS 3586 (2022) (03) ITAT In the instant case, the assessee had challenged the order passed by the CIT(A) in upholding the disallowance …

Rent of shops let out in shopping Mall if business income or income from house property – SC dismissed Revenue’s SLP ABCAUS Case Law CitationABCAUS 3407 (2020) (10) SC Important case law relied upon by the parties:Raj Dadarkar & Associates v. Assistant Commissioner of Income-taxPrincipal Commissioner of Income …

Separate agreement towards rent of property and hiring charges for equipment and services allowable. Revenue cannot prevent it merely for loss to Revenue. ABCAUS Case Law CitationABCAUS 3395 (2020) (09) ITAT Important case law relied upon by the parties:Ranbaxy laboratories vs. CIT (2011) 336 ITR 136 (del)CIT vs. …

Rent of land not appurtenant to building is taxable as income from other sources. Rent only from buildings and land appurtenant thereto is treated as house property income ABCAUS Case Law Citation:ABCAUS 3241 (2020) (02) ITAT In the instant case, an appeal was filed by the assessee against …

Addition on account of notional annual value u/s 23(5) of property held as stock in trade deleted by ITAT as sub section (5) was inserted later ABCAUS Case Law Citation: ABCAUS 3030 (2019) (06) ITAT Important Case Laws Cited/relied upon by the parties: CIT vs. Ansal Housing Finance …

Deemed Annual value of old dilapidated house not habitable set aside for verification as deemed provision u/s 23 not applicable in such conditions ABCAUS Case Law Citation: ABCAUS 3025 (2019) (06) ITAT The appeal was filed by assessee against the order of CIT(A). One of the issue was …

Facility service charges apart from house rent taxable as business income. Amount received was for specific services like housekeeping, security, etc. ABCAUS Case Law Citation: ABCAUS 2900 (2019) (05) ITAT Important Case Laws Cited/relied upon by the parties Kavita Marketing Pvt. Ltd. vs. ITO (159 ITD 547)/70 taxmann.com …

ITAT, Mumbai in a recent judgment has held that for determination of Annual Value of House property, u/s 23(1), whether the residential property (flat) was habitable or not was a question of fact that can be determined only after appreciation of evidences and remanded the case back to AO. Case Law Details: …

In a recent judgment Chennai ITAT has upheld the addition made for notional house rent under the provisions of section 23 of the Income Tax Act, 1961, . It was held that: (a) When the assessee is the legal owner of the property; and (b) The property was …