Commissioner of Income-tax v. DLF Universal Ltd
[Citation -2017-LL-0518-26]

Citation 2017-LL-0518-26
Appellant Name Commissioner of Income-tax
Respondent Name DLF Universal Ltd.
Court HIGH COURT OF DELHI AT NEW DELHI
Relevant Act Income-tax
Date of Order 18/05/2017
Assessment Year 1999-00
Judgment View Judgment
Keyword Tags valuation of closing stock • income from house property
Bot Summary: This appeal by the Revenue under Section 260 A of the Income Tax Act 1961 is directed against the order dated 6th June 2008 passed by the Income Tax Appellate Tribunal in ITA No.695/Del/2003 for Assessment Year 1999-2000. While admitting this appeal on 30th November 2011, this Court framed for consideration the following questions of law: Whether the ITAT was correct in law in upholding the order of Commissioner of Income Tax and giving ITA 176/2010 Page 1 of 2 the relief of Rs.4,85,240/- regarding valuation of closing stock by reducing valuation of closing stock by the sellable area at 60.77 Whether the CIT erred in law in directing the AO to assess the rent receipts form DLF Centre which also includes air conditioning charges as Income from House Property 3. Question stands answered in favour of the Assessee by the judgment dated 21st December, 2016 passed by this court in ITA Nos. As far as question is concerned, by separate order passed by this court in today in ITA 407 of 2009 for AY 1997-98 filed by the Revenue against the same Assessee, the question stands answered in favour of the Assessee and against the Revenue.


$ * IN HIGH COURT OF DELHI AT NEW DELHI 25 + ITA 176/2010 COMMISSIONER OF INCOME TAX Appellant Through: Mr. Dileep Shivpuri, Sr. Standing Counsel with Mr. Sanjay Kumar, Jr. Standing Counsel versus DLF UNIVERSAL LTD. Respondent Through: Mr. Ajay Vohra, Senior Advocate with Ms. Kavita Jha and Mr. Vaibhav Kulkarni, Advocates CORAM: JUSTICE S. MURALIDHAR JUSTICE CHANDER SHEKHAR ORDER % 18.05.2017 1. This appeal by Revenue under Section 260 of Income Tax Act 1961 ('Act') is directed against order dated 6th June 2008 passed by Income Tax Appellate Tribunal (ITAT) in ITA No.695/Del/2003 for Assessment Year (AY) 1999-2000. 2. While admitting this appeal on 30th November 2011, this Court framed for consideration following questions of law: (i) Whether ITAT was correct in law in upholding order of Commissioner of Income Tax (Appeals) and giving ITA 176/2010 Page 1 of 2 relief of Rs.4,85,240/- regarding valuation of closing stock by reducing valuation of closing stock by sellable area at 60.77%? (ii) Whether CIT (A) erred in law in directing AO to assess rent receipts form DLF Centre which also includes air conditioning charges as Income from House Property ? 3. Question (i) stands answered in favour of Assessee by judgment dated 21st December, 2016 passed by this court in ITA Nos. 159 and 326 of 2010 for AY 1994-95. 4. As far as question (ii) is concerned, by separate order passed by this court in today in ITA 407 of 2009 for AY 1997-98 filed by Revenue against same Assessee, question stands answered in favour of Assessee and against Revenue. 5. appeal is accordingly dismissed. S. MURALIDHAR, J CHANDER SHEKHAR, J MAY 18, 2017 B ITA 176/2010 Page 2 of 2 Commissioner of Income-tax v. DLF Universal Ltd
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