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Hind Ceramics Pvt. Ltd. Vs. DCIT, Circle 10(1)

Case No: ITA No.609/KOL/2024
Court: INCOME TAX APPELLATE TRIBUNAL “B” BENCH, KOLKATA
Date: 11/19/2025

Parties Involved

appellantHind Ceramics Pvt. Ltd.
respondentDCIT, Circle 10(1)

Facts Summary

The assessee, Hind Ceramics Pvt. Ltd., received lease rental charges from various parties for occupying the area within the warehousing complex situated at 147 Nilgung Road, Belghoria, Kolkata-700057, amounting to ₹2,58,44,582/- and further lease rent fees, Road Development and Security charges to the extent of ₹58,11,050/- aggregating to ₹3,16,55,642/-. The assessee paid lease rental of ₹28,49,260/- to Dalmia Jain Trust, Dalmia Manav Seva Trust, Vishwa kalyanSansthan, resulting in a net amount

Decision in favour of

Assessee

Legal Issues

  • 1. Whether the lease rental charges should be treated as income from house property or business income.
  • 2. Whether the profit from the assignment of rights in flats should be treated as speculative income or capital gain.

Precedents Relied Upon

4 precedents cited in this judgement.

Judgment Outcome

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Version 2.0.1Last updated: October 2025
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