Ansal Properties & Infrastructure Limited vs Assistant Commissioner Of Income Tax

These assessee’s seven appeals ITA Nos. 8696 to 8702/Del/2025; for assessment years 1988-99 & 1990- 1991 to 1995-96, arise against Commissioner of Income Tax (Appeals)-24 (in short, ‘CIT(A)’), Delhi’s orders all dated 24.10.2025, passed in case Nos. CIT(A), Delhi-1/10265 to 10270/2018-19, passed u/s 143(3) r.w.s. 260A r.w.s. 254 of the Income Tax Act, 1961; hereinafter referred to as, ‘the Act’, respectively.

Heard both the parties. Case files peruse d.

It emerges during the course o f hear ing that there arises the assessee’s identical solitary substantive ground for the tribunal’s apt adjudication regarding assessment of its Annual Letting Value (for short, “AL V”) of unsold household proper ty stock which was held as “stock in trade” in its boo ks.

Suffice to say, there is not much a dispute between the parties that hon’ble jurisdictional high court’s landmark decision dated 31.10.201 2 in the assessee’s case itself i.e. CIT vs Ansal Properties (2013) 350 ITR 637(Del) had already settled the same in the department’s favour. Faced with this situation, learned counsel invites our attention to the assessee’s detailed written synopsis that its appeal no. 724/2013 against the same stands admitted in ho n’ble apex court fo r final adjudication.

It is in this factual backdro p that we so ught to decipher the exact issue raised at the assessee’s be hest in the instant batch of seven appeals. We are informed that its identical sole endeavor herein is to exclude some of the residential units lying unsold as out o f the purview of the impugned co mputation of ALV. The Revenue is equally fair in not disputing the same before us.

We are of the considere d view that once the entire issue of assessment of the assessee notional ALV of its unsold stock in trade of residential units is pending before the ho n’ble apex court in principle , there is hardly much a nee d for us right now to decide its instant seven appeals seeking to exclude some of the residential units from out of the purview thereof so as to avoid any mutually contradictory findings. We thus deem it appropriate in the larger interest of justice that the instant issue deserves to be kept pending before the learned CIT(A) so as to await hon’ble apex co urt’s final outcome to be followed by the necessary afresh factual verification of the assessee’s unsold residential units herein. We or der accordingly. Learned CIT(A) is directed to keep all these assessee’s seven cases in lower appeals in abeyance during the time hon’ble apex court adjudicates the aforesaid main cases. We order accordingly.

All other pleadings betwee n the parties o n merits are kept open at this stage.

These assessee’s seven appeals ITA Nos. 8696 to 8702/Del/2025 are allowed for statistical pur poses in above terms. A copy of this common order be place in the respe ctive case files.