Assessee, a builder and developer, had certain flats unsold at end of the year, i.e., as on 31-3-2013. The Assessing Officer held that the rental income of such unsold flats was taxable under the head income from house property. Commissioner (Appeals) held that the rental income of such flats unsold was chargeable to tax as business income. On appeal, the Tribunal held that since the assessee did not earn any actual rental income from letting out of flats and there is no provision under Chapter IV-D that can envelope above rental income within its fold, Commissioner (Appeals) was not justified in taxing rental income of such flats unsold as business income.  (AY. 2013-14)