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Income cannot be assessed as "income from house property just because income is attached to immovable property
Case Law Details
- Case Name
- Bigg Investments & Finance Pvt. Ltd. Vs DCIT (ITAT Delhi 'F' Bench)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- ITAT Delhi
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RELEVANT PARAGRAPH
5.8 The question whether income from property should invariably be taxed under the head “income from house property” is to be decided after taking into consideration the cumulative effect of all factors prevailing in a given case. The Courts have formulated different tests to determine the head under which such income can be taxed. Merely because income is attached to immovable property, it cannot be the sole factor for assessment of such income as “income from house property”. The primary object of the assessee while exploiting the p...
dear sir, I have two houses one is Nadiad-Gujarat,Second is Ahmedabad-Gujarat,Now I take home loan on second house. first house home loan all ready paid.so how can I take benifit of income tax on second home loan.my son live in second house, so he take benifit of house rent for income tax benifit in his salary income
Most disputed question of all times. Income from warehousing activity. The basic test that should be verified for choosing the head of income for immovable properties is that nature of business of the property owner. If the main business of property owner is letting out or providing of warehousing facilities then as understood in lay man language, such income be treated as business income because the property is used for the purpose of its own business i;e letting out or warehousing. But in most of the cases judgements have favoured the view of including letting out or warehousing activity as house property income.