The Assessee had shown 9 unsold flats as closing stock in its books on which the AO sought to make some additions on account of deemed rent under section 23(4) of the Act. The Hon’ble Tribunal by following the judgement in the case of M/s Cosmopolis Constructions [ITA No. 191/Pun/2022] held that no addition is justified under deemed rent on unsold flats which are treated as stock in trade. (AY. 2015-16)
Dugad Properties v. DCIT (2023) 103 ITR 65 (SN) (Pune) (Trib.)
S. 23 : Income from house property-Annual value – Stock in trade-No addition can be made on account of deemed rent on unsold flats held as stock in trade. [S. 22, 23(4), 23(5)]