AO assessed the unsold flats which was held as stock in trade as income from house property on notional basis . CIT (A) affirmed the order of the AO .On appeal  allowing the appeal of the assessee the Tribunal held that ,  Annual value of the flats held by the assessee as part of the stock in trade of its business as that of a builder could not have been determined and brought to tax under the head income from house property . ( Referred CIT v. Ansal Housing Finance and Leasing Company Ltd ( 2013) 354 ITR 180 ( Delhi) (HC), CIT v . Gundecha Builders ( 2019) 102 taxmann.com 27 ( Bom) (HC), CIT v. Neha Builders (2008) 296 ITR 661 (Guj) (HC) , K. Subaramanian  v . Siemens India Ltd ( 1985) 156 ITR 1( Bom) (HC) , Rajendra Godshalwar v .ITO (ITA No. 7470/Mum/ 207 dt 31-1 2019 (SMC) (Mum) (Trib)) ( ITA No. 2372& 1860/Mum/ 2019 dt 3. 11-2020) ( AY. 2014 -15, 2015-16)