| |
| The Tax Publishers2020 TaxPub(DT) 2290 (SC) : (2020) 271 TAXMAN 0030 INCOME TAX ACT, 1961
Section 261 Section 23
Where Department preferred SLP to appeal against the judgment of Delhi High Court in CIT v. Ansal Housing Finance & Leasing Co. Ltd. (2013) 354 ITR 180 (Del-HC) : 2013 TaxPub(DT) 681 (Del-HC), whereby the High Court held that levy of income- tax in case of one holding house property is premised not on whether assessee carries on business as landlord, but on ownership and it further held that incidence of charge is because of fact of ownership, therefore, AO rightly brought ALV of unsold flats to tax as income from house property, the Supreme Court dismissed the SLP as withdrawn due to low tax effect, however, leaving the question(s) of law open.
|
Appeal (Supreme Court) - Special leave petition - Income from house property - Annual value--Computation of
Department preferred SLP to appeal against the judgment of Delhi High Court in CIT v. Ansal Housing Finance & Leasing Co. Ltd. (2013) 354 ITR 180 (Del-HC) : 2013 TaxPub(DT) 681 (Del-HC), whereby the High Court held that levy of income- tax in case of one holding house property is premised not on whether assessee carries on business as landlord, but on ownership and it further held that incidence of charge is because of fact of ownership, therefore, AO rightly brought ALV of unsold flats to tax as income from house property. Held: Counsel for the petitioner, on instructions issued by the Deartment of Revenue, Ministry of Finance vide F.No. 390/Misc/116/017-JC, dated 2-8-2019 sought permission to withdraw this special leave petition along with pending applications therein due to low tax effect. Permission was granted, subject to just exceptions. The special leave petition and pending applications were dismissed as withdrawn leaving question(s) of law open.
REFERRED :
FAVOUR : SLP dismissed.
A.Y. :
IN THE SUPREME COURT OF INDIA
 SUBSCRIBE FOR FULL CONTENT
|