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august 2016

Supreme Court of India · 2016-08-11

M/S RAYALA CORP. PVT LTD vs ASSISTANT COMMISSIONER OF INCOME TAX,CHE

Citation / case number
SC 2014/9397
Court
Supreme Court of India
Petitioner
M/S RAYALA CORP. PVT LTD
Respondent
ASSISTANT COMMISSIONER OF INCOME TAX,CHE
Author
the High
Bench
L. NAGESWARA RAO ANIL R. DAVE

Judgment text excerpt

The Supreme Court held that income derived from renting out property by a company engaged in real estate business should be classified as 'Profits and gains of business or profession' rather than 'Income from House Property', as established in Chennai Properties and Investments Ltd. v. CIT [2015] 373 ITR 673 (SC). The Court emphasized that the nature of the business activities and the intention behind renting out the property are critical in determining the appropriate tax classification. The appeals were allowed, overturning the lower court's decision that classified the income as house property income.

M/S RAYALA CORP. PVT LTD vs ASSISTANT COMMISSIONER OF INCOME TAX,CHE · Niyam