Case Law Details
Case Name : Rushikesh construction Vs ITO (ITAT Pune)
Related Assessment Year : 2014-15
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Rushikesh construction Vs ITO (ITAT Pune)
Notional Rent on Work-in-Progress Invalid – Section 23 Misapplied
The ITAT held that the Assessing Officer wrongly invoked section 23(4)(b) to compute notional rental income on unsold properties held by a builder. The AO treated closing stock as finished goods and calculated notional rent, making an addition of ₹5.02 lakh.
However, the Tribunal observed that the properties were work-in-progress (WIP) and construction was not complete. Therefore, they could not be considered as completed units capable of generating rental income. Further, the am...
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