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    <title>2019 (9) TMI 1403 - ITAT PUNE</title>
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    <description>Notional annual letting value of unsold flats held as stock-in-trade by a real estate developer was treated as not taxable under the head &quot;Income from House Property&quot; where no actual rent was received. The Tribunal followed consistent co-ordinate bench views that, in the absence of an enabling provision for the relevant year, a developer&#039;s unsold inventory cannot be assessed on a hypothetical rental basis, and rental material from another flat could not justify the addition. It further noted that section 23(5) of the Income-tax Act, 1961, inserted later, did not apply to the year under consideration. The addition was deleted.</description>
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      <description>Notional annual letting value of unsold flats held as stock-in-trade by a real estate developer was treated as not taxable under the head &quot;Income from House Property&quot; where no actual rent was received. The Tribunal followed consistent co-ordinate bench views that, in the absence of an enabling provision for the relevant year, a developer&#039;s unsold inventory cannot be assessed on a hypothetical rental basis, and rental material from another flat could not justify the addition. It further noted that section 23(5) of the Income-tax Act, 1961, inserted later, did not apply to the year under consideration. The addition was deleted.</description>
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