Bhabi Properties Pvt. Ltd. v. The Income-tax Officer, Ward-3
[Citation -2014-LL-0924-78]
Citation | 2014-LL-0924-78 |
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Appellant Name | Bhabi Properties Pvt. Ltd. |
Respondent Name | The Income-tax Officer, Ward-3 |
Court | HIGH COURT OF CALCUTTA |
Relevant Act | Income-tax |
Date of Order | 24/09/2014 |
Judgment | View Judgment |
Keyword Tags | house property |
Bot Summary: | Whether income of a company whose main business is inter alia to acquire properties on lease and let them out for profit should fall under the heading Income fkrom House property or should fall under the heading income from profits and gain of business 3. Whether the section 27(iii) of the Income-Tax Act, 1951 relates back to past transactions particularly when Section 27 of the Income-Tax Act, 1961 refers to transaction as contained in Section 269UA of the Income-Tax Act, 1961 which itself has come into force with effect from 1st April, 1986 4. Whether even assuming that your petitioner is a deemed owner of the leasehold premises the rental income of the petitioner should be assessed under the head, Income from Profits and Gains of Business particularly as the main business of the petitioners is to acquire properties on lease and let them out for profit Heard Mr.J.P.Khaitan, learned Senior Advocate for the appellant and Mr.Nizamuddin, learned advocate for the respondent. 3 We find that the questions are covered by the judgement in the assessee s own case in Bhabi Properties Ltd. v. Assistant Commissioner of Income-tax, Company Circle 9(1), Calcutta : 201 Taxman 59. The question nos.1 and 3 stand decided by the aforesaid judgement as held particularly in paragraph 22 thereof. We answer the question no.1 in negative and question no.3 in affirmative, both in favour of the revenue and against the assessee. So far as question nos.2 and 4 are concerned, we answer them in line with the findings as held in paragraph-27 of the said judgement by restoring the matter to the file of the assessing officer in relation to those questions. |