Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
Income Tax - Highlights / Catch Notes

Home Highlights March 2024 Year 2024 This

Revision u/s 263 - Classification of rental income - House ...


Tribunal Confirms Rental Income as House Property, Overturns Section 263 Order for IT Service Provider's Thane Property.

March 12, 2024

Case Laws     Income Tax     AT

Revision u/s 263 - Classification of rental income - House property v/s business income - The Appellate Tribunal observed that the Assessee is primarily engaged in providing BPO and IT-related services, and the property in Thane was disclosed as "non-current investment" in the financial statements. The rental income was reflected as "non-operational income" in the financial statements, indicating it was not business income. Various judicial precedents were cited to distinguish between business income and income from house property. The Tribunal found no infirmity in the assessment order and upheld the Assessee's claim that the rental income qualifies as "income from house property." - Consequently, the order passed under Section 263 of the Income Tax Act was set aside.

View Source

 


 

You may also like:

  1. Rental income earned by assessee should be assessed as income from house property, not business income. AO failed to highlight aspects indicating rental income was...

  2. Revision u/s 263 by CIT - rental income which had been shown as “Income from Business & Profession” rather than showing the same as “Income from House Property” - once...

  3. Rental income from the property - income from other sources OR income from house property - By not recording construction expenses in books of account, the rights of...

  4. The High Court examined various issues concerning the calculation of deduction u/s 80IC, eligibility for the deduction, disallowance of royalty payments, and treatment...

  5. Rental Income - Business Income vs Income from House Property - rental income received from Ms. Rekha Jalan (director) has to be treated as business income and rental...

  6. Nature of rental income - Income from house property or business income - acquiring and leasing properties - rental/licence fee received by the assessee in respect of...

  7. Correct head of income - taxability of rental income - the assessee is owner and thereby receives any income from house property, it should be taxed under the head...

  8. Rectification u/s 154 - Deduction claimed u/s. 80IAB - Wrong classification of income under the head ‘income from house property’, has resulted in wrong claim of...

  9. Correct head of income - Characterization of income - rental income as 'business income' or 'income from house property' - there is no doubt that assessee has object of...

  10. The Income Tax Act did not intend to tax deemed rental income from properties held as stock-in-trade prior to the assessment year 2018-19. Section 23(5), introduced from...

  11. Rental income of letting out property simplicitor was chargeable to tax under the head income from house property and not as business income irrespective of the fact...

  12. The High Court held that rent income derived from letting out properties by the assessee should be treated as 'Income from Profits and Gains of Business' and not 'Income...

  13. Chargeability of notional interest on deposits under Income from House Property - ALV determination - CIT(A) has rightly concluded that estimation of ALV on the basis of...

  14. Notional rental income on commercial property u/s 23(1)(a) - notional rental income on unsold stock u/s 23(1)(a) - There being impossibility of renting out the property,...

  15. Income from leasing the hotel was income from business and not income from house property - AT

 

Quick Updates:Latest Updates