28 Oct DCIT v. Bengal Shapoorji Housing Development Pvt. Ltd.

(ITA No. 4369/Mum/ dt 22-3-2021 (AY. 2013-14 )

S. 23: Income from house property- Annual Value-Builder-Stock in trade- Addition of notional rent estimated by the Assessing Officer in respect of unsold flats which are held as stock-in trade is held to be not valid. [S. 22, 23(5), 24]
The assessee is in the business of construction of housing flats. The Assessing Officer assessed the unsold stock in trade of the assessee under section 22 of the income – tax Act 1961 on notional basis by estimating 8% of the value of closing stock shown the books of account. CIT (A) deleted the addition. On appeal by the revenue, considering all the case laws on the subject, Honourable Tribunal affirmed the view of the CIT (A). Honourable Appellate Tribunal also referred the amendments by the Finance Act, 2017, i.e. 1-4-2018. (AY. 2013-14.