2018 (10) TMI 1500 - AT - Income Tax

Nature of income - Income from house property or busniss income - determination of ALV of the unsold units (both residential / commercial) - charging notional income as income from house properties in respect of unsold units (both residential / commercial), which were held by the appellant as its stock in trade - Held that - Keeping in view the consistent stand of this Tribunal and respectfully following the same, we hold that if a immovable property in the shape of flats / shops is held as stock-in-trade, then it becomes part of trading operations for the assessee and as a natural corollary, any income derived there-from would be Business Income and not Income from House Property. Resultantly, the impugned additions as confirmed by first appellate authority stand deleted.

Summary

Issues:
Appeal against addition of notional income from unsold units held as stock-in-trade for Assessment Year 2012-13.

Analysis:
1. The appeal contested the addition of notional income from unsold units held as stock-in-trade by the assessee for the Assessment Year 2012-13. The Revenue added notional rental income against unsold properties, which were held as stock-in-trade by the assessee, based on the judgment of the Hon'ble Delhi High Court. The Assessing Officer computed the notional rental value at 8.5% of the cost of construction, resulting in an addition to the assessee's income.

2. The Authorized Representative for the assessee referred to a recent Tribunal decision in a similar case involving the assessee's sister concern, where the issue was settled in favor of the assessee. The Departmental Representative, on the other hand, argued that the issue was decided against the assessee by the Hon'ble Delhi High Court and should be followed.

3. The Tribunal analyzed the facts and legal precedents presented by both parties. The assessee, engaged as a Real Estate Developer, had unsold completed units as stock-in-trade. The Tribunal considered conflicting judicial precedents, including decisions from the Hon'ble Delhi High Court and Hon'ble Gujarat High Court, to determine the tax treatment of unsold units held as stock-in-trade.

4. After reviewing the relevant provisions and judicial precedents, the Tribunal decided in favor of the assessee. The Tribunal held that if a property in the form of flats or shops is held as stock-in-trade, the income derived from it should be treated as Business Income and not as Income from House Property. The Tribunal relied on the decision in CIT vs. Vegetable Products to support its conclusion. Consequently, the additions made by the Assessing Officer were deleted, and the appeal was allowed.

5. The Tribunal pronounced the order on 10th October 2018, upholding the decision to delete the additions made by the Assessing Officer concerning the notional income from unsold units held as stock-in-trade by the assessee for the Assessment Year 2012-13.