2022 (1) TMI 689 - AT - Income Tax

Income from house property - assessability of notional income from the unsold flats held as stock in trade in the case of the assessee whose business is construction and sale of residential properties - Addition u/s 22 r.w.s. 23(4) on account of deemed rent in respect of unsold units held as stock in trade by the appellant company - as argued the appellant company had held these unsold units as stock in trade and hence, as these units were occupied by the assessee for its business purpose, there was no reason to tax the annual value of such unsold units u/s 22 - HELD THAT - No change in facts and law subsequent to the decision of Kumar Properties and Real Estate 2021 (4) TMI 1163 - ITAT PUNE was brought to our notice. Hence, we have no reason to take a different view from the view taken by the Coordinate Bench of this Tribunal in the case of Kumar Properties and Real Estate (P.) Ltd. (supra). Therefore, we are of considered opinion that the Assessing Officer was not justified to assess the annual value of unsold flats for the year under consideration. Accordingly, we direct the Assessing Officer to delete the addition as made by him in the assessment order. Thus, the issue raised in the grounds of appeal stands allowed.

Summary

Issues Involved:
Assessment of notional income from unsold flats held as stock in trade for the assessment years 2014-15 and 2015-16.

Detailed Analysis:

Issue 1: Assessment of Notional Income from Unsold Flats for AY 2014-15
The appeal was against the addition of deemed rent under section 22 read with section 23(4) on unsold units held as stock in trade. The appellant argued that since the units were held for business purposes and were vacant, no tax should be imposed. The Assessing Officer relied on court decisions to justify the addition. The CIT(A) upheld the decision, citing relevant case laws. The Tribunal noted conflicting decisions of different High Courts and the legislative amendment introduced by the Finance Act, 2017. Referring to a previous Tribunal decision, the Tribunal held that the Assessing Officer was not justified in assessing the annual value of unsold flats and directed the deletion of the addition.

Issue 2: Application of Decision to AY 2015-16
Since the facts and issues were identical in the appeals for AY 2015-16, the Tribunal applied the decision made for AY 2014-15 to these appeals as well. Consequently, the appeals for AY 2015-16 were also allowed based on the same reasoning and direction given for AY 2014-15.

Conclusion:
The Tribunal allowed all three appeals of the assessee, directing the deletion of the addition of deemed rent on unsold flats held as stock in trade for both AY 2014-15 and AY 2015-16. The decision was based on the interpretation of relevant provisions of the Income Tax Act, judicial precedents, and legislative amendments. The Tribunal's decision provided clarity on the assessability of notional income from unsold properties held as stock in trade by businesses engaged in construction and sale of residential properties.