Income from House Property :
Last updated: 28 August 2007
Court :
High Court
Brief :
The ITO added 'interest' on interest free loan given by lessee to lessor as 'notional rent'. HC said no.
Citation :
CIT vs Hemaraj Mahabir Prasad Ltd
C.I.T. Vs. Hemraj Mahabir Prasad Ltd. 8/10/2005
(2005) 279 ITR 522 (Cal)
Case Fact:
Whether A.O. is justified in adding interest on interest free loan given by lessee to the lessor as notinal rent to compute the Income from House Property.
Decision:
Held by hon"ble court that any profit or benefit arising from the interest free loan/advance given by lessee to the lessor would be taken into account in computing the income of the assessee under other heads. In the absence of any specific provision in sec. 22 or 23 A.O. cannot add such notional interest to the rental income of the assessee.
CA.Saibaburao Nanduri
Published in Income Tax
Views : 68
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