National Leasing Ltd. v. ACIT (2025) 302 Taxman 43 (Bom.)(HC)

S. 28(i) : Business income-Income from house property-Business of purchase and renting properties-Rule of consistency is followed-Order of Tribunal assessing the rental income as income from house property is set aside.[S. 22, 260A]

Assessee is  engaged in business of purchasing and renting properties. It had no other source of income. The Assessing Officer assessed the income as income from house property as against the income shown as business income. Tribunal affirmed the order of the Assessing Officer. On appeal the Court held that  since income of assessee was derived from letting out of properties, which in fact, was principal business of  the assessee,  the assessee is  correct in accounting such income under head income from profits and gains of business, and not as income from house property. Order of Tribunal is set aside.  (AY. 1989-90 to 1992-93 & 1995-96 to 2008-09)

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