2017 (9) TMI 489 - HC - Income Tax

Nature of expenditure - expenditure incurred in protecting the land from the acquisition - Land was held as stock-in-trade of the Assessee - revenue or capital expenditure - Held That - the fact that the Assessee is holding land in question as stock in trade is not in dispute. The expenditure incurred by it for protecting the land from acquisition in the circumstances should be held to be revenue expenditure. - the Court finds no error committed by the ITAT in coming to the conclusion that the expenditure incurred by the Assessee on account of contribution to the Shelter Fund should be allowed as business expenditure. - Decided in favor of assessee.

Summary

Issues:
1. Correctness of method of accounting for income detection
2. Deletion of addition for sale price of properties
3. Re-working cost of land
4. Deletion of addition for contribution to Shelter Fund
5. Assessment of rent receipts as income from house property

Analysis:

1. The High Court addressed the correctness of the method of accounting followed by the assessee in the past for income detection. The Court ruled in favor of the assessee based on a previous decision in a similar case for AY 1994-95.

2. The deletion of the addition made by the assessing officer on account of the sale price of constructed properties was also considered. The High Court ruled in favor of the assessee based on a previous decision in the assessee's own case for AY 1997-98.

3. The issue of re-working the cost of land at the average purchase price in Qutub Enclave Complex was raised. The Court answered this issue in favor of the assessee based on the previous decisions mentioned earlier.

4. Regarding the addition made by the assessing officer for the contribution to the Shelter Fund, the Court analyzed the nature of the expenditure. The Court found that the expenditure was incurred to defend the title over the land already acquired and not for acquiring additional land. Therefore, the addition was deleted in favor of the assessee.

5. Lastly, the assessment of rent receipts from DLF Centre, including air conditioning charges, as income from house property was challenged. The Court upheld the assessee's position, ruling in their favor.

In conclusion, the High Court disposed of the appeal, affirming the decisions in favor of the assessee on various issues related to income tax assessments for the relevant assessment year.