H.R. Properties (P) Ltd v. ACIT (2024) 167 taxmann.com 256 / (2025) 343 CTR 610 (Pat)(HC) Chero Medico & Developers (P) Ltd v. ACIT (2024) 167 taxmann.com 256 / (2025) 343 CTR 610 (Pat)(HC)

S. 28(i) : Business income-Income from house property-Rental income from properties-Income assessable as business income and not as income from house property-Order of Tribunal was set aside [S. 22, 260A]

Buildings were handed over to the company in a finished mode, advances were received from prospective purchasers but sales did not fructify for want of full consideration. The assessees held the buildings as stock-in-trade for more than 20 years and let them out on rent, the only business being of leasing buildings. The AO presumed that no prudent person would wait so long, but the appellate authority found rental receipts to be business income. Tribunal’s view was reversed and income rightly held assessable as business income. (AY. 2002-03 to 2007-08)

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