Held that notional ALV of the units in commercial complex held as stock-in-trade is not chargeable to tax as income from house property in the case of assessee-builder since the property is not constructed for letting out but the same is held for sale and has been actually sold out on subsequent dates. Further, the builder takes booking advance from several parties against the units and is under obligation to deliver possession of unsold stock to the concerned parties and such units cannot be let out by the builder. Sub S. (5) of s 23 was inserted by Finance. Act, 2017 w.e.f. 1st April, 2018. Amended provision of sub-s. (5) of S. 23 allows relaxation from taxability of ALV on unsold stock for the period up to two years from the end of the financial year in which the certificate of completion of construction of the property is obtained. On the facts of the case the construction of the property was completed on 31st Aug, 2009. Therefore, even if the relaxation period up to two years as envisaged in S 23(5) is considered, the ALV on unsold stock cannot be taxed for asst. yrs. 2010-11 and 2011-12. Reassessment beyond four years held to be not valid. Reassessment with in four years and assessment completed under section 143(1)-Reassessment is valid. (AY. 2010-11, 2011-12)
Krishna Build Home (P) Ltd. v. ITO (2022) 219 TTJ 165 (Jaipur)(Trib)
S. 23 : Income from house property-Annual value-Unsold units in commercial complex held as stock-in-trade-Notional value cannot be assessed-Reassessment beyond four years held to be not valid-Reassessment with in four years and assessment completed under section 143(1)-Reassessment is valid. [S. 22, 23(5), 24(a), 143(1)(143(3), 147, 148]