CIT v. Mohiddin Hotels P. Ltd.

DCIT 10(3)(2), MUMBAI vs. PLAZA HOTELS P.LTD, MUMBAI

In the result, appeal of the revenue is dismissed

Bench: Shri G.S. Pannu & Shri Pawan Singhdcit, 10(3)(2), Mumbai Vs Plaza Hotels Pvt Ltd 70-C, Nehru Road Vile Parle (E), Mumbai-99 Pan : Aaacp2117N Appellant Respondednt Appellant By Sh. H.N.Singh Cit-Dr & Sh. Manoj Kumar Sing Sr Dr Respondent By Sh. Arun G. Verma Date Of Hearing 05.09.2019 Date Of Pronouncement 05 -09-2019 O R D E R Per Pawan Singh: This Appeal By Revenue Is Directed Against The Order Of Cit(A)-17

…construction and renovation as per formula agreed upon. It is also a matter of fact that the assessee was running this hotel itself and the assessee is also running various other hotels at present. 14.3 In case of CIT Vs. Mohiddin Hotels P. Ltd., reported in 284 ITR 229, similar facts were involved. In this case also the hotel was given on lease to a third party. The AO treated the lease income as income from house property against shown by the assessee as business receipt. The Tribunal allowed the issue in favour of the assessee. On appeal before the High Court, the Hon"ble High Court in the aforesaid case conf…

PLAZA HOTELS PVT. LTD.,MUMBAI vs. DCIT, 10(3)(2), MUMBAI

In the result, appeal of the revenue is dismissed

Bench: Shri R.C. Sharma & Shri Pawan Singh Ay 2013-14 Ay 2014-15

…construction and renovation as per formula agreed upon. It is also a matter of fact that the assessee was running this hotel itself and the assessee is also running various other hotels at present. 14.3 In case of CIT Vs. Mohiddin Hotels P. Ltd., reported in 284 ITR 229, similar facts were involved. In this case also the hotel was given on lease to a third party. The AO treated the lease income as income from house property against shown by the assessee as business receipt. The Tribunal allowed the issue in favour of the assessee. On appeal before the High Court, the Hon"ble High Court in the aforesaid case conf…

DCIT CC 3(4) CE RG 3, MUMBAI vs. SAMIR NARAIN BHOJWANI, MUMBAI

In the result, the appeal filed by the revenue is hereby ordered to be dismissed

…ing out is found to be exploitation of the immovable property by way of commercial activities and not a simple letting out per se, then the resulting income must be held as business income. Further, the Bombay High Court in the case of Mohiddin Hotels P. Ltd. 284 ITR 229 had held as under :- "It needs no emphasis that when a specific head of charge provided far income from house property, rents or other income from the ownership of the house property has to be under his head and no other head. However, for an income from house property it should be covered by s. 22. By catena of decisions the Courts, time and aga…

ACIT CC 3(4) CEN RG 3, MUMBAI vs. SAMIR NARIAN BHOJWANI, MUMBAI

In the result, appeal filed by the revenue is hereby dismissed and the cross-objection filed by the assessee is hereby ordered to be dismissed

Bench: Shri Shamim Yahya, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No.331/Mum/2015 (निर्धारण वर्ा / Assessment Year: 2009-10) बिधम/ Acit-Cc-3(4) Central Shri Samir Narain Bhojwani 1St Floor, Samir Complex, St. Range-3 Vs. Andrews Road, Opp, Holy Room No. 401, 4Th Floor, Family Hospital, Bandra Aayakar Bhavan, Mumbai- (W), Mumbai-400050. 400020. Co. No.134/Mum/2016 (Arising Out Of Ita. No. 331/Mum/2015) (निर्धारण वर्ा / Assessment Year: 2009-10) बिधम/ Shri Samir Narain Bhojwani Acit-Cc-24 & 26 1St Floor, Samir Complex, St. Room No. 401, 4Th Floor, Vs. Andrews Road, Opp, Holy Aayakar Bhavan, Mumbai- Family Hospital, Bandra 400020. (W), Mumbai-400050. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. :Aabpb9150H (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) आयकर अपील सं/ I.T.A. No.6807/Mum/2014 (निर्धारण वर्ा / Assessment Year: 2010-11) बिधम/ Acit Cc-24 & 26 Central Shri Samir Narain Bhojwani 1St Floor, Samir Complex, St. Range-5 Vs. Andrews Road, Opp. Holy Room No.404, 4Th Floor Family Hospital, Bandra Aayakar Bhavan, Mumbai- (W), Mumbai-400050. 400020. Co. No.41/Mum/2016 (Arising Out Of Ita. No. 6153/Mum/2014) (निर्धारण वर्ा / Assessment Year: 2009-10) बिधम/ Shri Samir Narain Bhojwani Acit Cc-24 & 26 Central 1St Floor, Samir Complex, St. Range-5 Vs. Andrews Road, Opp. Holy Room No.404, 4Th Floor Family Hospital, Bandra Aayakar Bhavan, Mumbai-

…ing out is found to be exploitation of the immovable property by way of commercial activities and not a simple letting out per se, then the resulting income must be held as business income. Further, the Bombay High Court in the case of Mohiddin Hotels P. Ltd. 284 ITR 229 had held as under :- "It needs no emphasis that when a specific head of charge provided far income from house property, rents or other income from the ownership of the house property has to be under his head and no other head. However, for an income from house property it should be covered by s. 22. By catena of decisions the Courts, time and aga…

OM ESTATE & FINANCE (P) LTD,MUMBAI vs. ITO 7(1)(2), MUMBAI

In the result, the appeals of the assessee are allowed

Bench: Hon’Ble S/Shri Sanjay Garg, Jm & Shri Rajesh Kumar, Am आमकय अऩीर सं./I.T.A. No.1389 & 1390/Mum/2011 Om Estates & Finance Pvt बनाम/ Income Tax Officer, 7(1)(2), Ltd., Aayakar Bhavan, Vs. 764-E Umrigar Bldg, M K Road, Mumbai. Tilak Road, Parsi Colony, Dadar, Mumbai-400014 स्थायी ऱेखा सुं./ Pan : Aaaco1199H (अऩीराथी /Appellant) (प्रत्मथी / Respondent) ..

…income from the business of the 5 ITA No.1389-1390/Mum/2011 and ITA No.2133/M/um/2013 hotels as claimed by the assessee. In support of the contentions raised by the ld.AR, he placed reliance on the following decisions: i ) Mohiddin Hotels (P) Ltd. reported in 284 ITR 229 (Bom); ii) Plaza Hotels (P) Ltd-147 ITD 98 (Mum) iii) Gesco Corporation Ltd-31 SOT 132 (Mum) iv) Sultan Brothers P Ltd 51 ITR 353 (SC) 6. Per contra, the ld.DR vehemently opposed the argument of the ld. AR by relying on the orders of the authorities below. 7. We have carefully considered the rival contentions and perused the material placed bef…

OM ESTATES & FINANCE P.LTD,MUMBAI vs. ITO 7(1)(2), MUMBAI

In the result, the appeals of the assessee are allowed

Bench: Hon’Ble S/Shri Sanjay Garg, Jm & Shri Rajesh Kumar, Am आमकय अऩीर सं./I.T.A. No.1389 & 1390/Mum/2011 Om Estates & Finance Pvt बनाम/ Income Tax Officer, 7(1)(2), Ltd., Aayakar Bhavan, Vs. 764-E Umrigar Bldg, M K Road, Mumbai. Tilak Road, Parsi Colony, Dadar, Mumbai-400014 स्थायी ऱेखा सुं./ Pan : Aaaco1199H (अऩीराथी /Appellant) (प्रत्मथी / Respondent) ..

…income from the business of the 5 ITA No.1389-1390/Mum/2011 and ITA No.2133/M/um/2013 hotels as claimed by the assessee. In support of the contentions raised by the ld.AR, he placed reliance on the following decisions: i ) Mohiddin Hotels (P) Ltd. reported in 284 ITR 229 (Bom); ii) Plaza Hotels (P) Ltd-147 ITD 98 (Mum) iii) Gesco Corporation Ltd-31 SOT 132 (Mum) iv) Sultan Brothers P Ltd 51 ITR 353 (SC) 6. Per contra, the ld.DR vehemently opposed the argument of the ld. AR by relying on the orders of the authorities below. 7. We have carefully considered the rival contentions and perused the material placed bef…

OM ESTATES & FINANCE P.LTD,MUMBAI vs. ITO 7(1)(2), MUMBAI

In the result, the appeals of the assessee are allowed

Bench: Hon’Ble S/Shri Sanjay Garg, Jm & Shri Rajesh Kumar, Am आमकय अऩीर सं./I.T.A. No.1389 & 1390/Mum/2011 Om Estates & Finance Pvt बनाम/ Income Tax Officer, 7(1)(2), Ltd., Aayakar Bhavan, Vs. 764-E Umrigar Bldg, M K Road, Mumbai. Tilak Road, Parsi Colony, Dadar, Mumbai-400014 स्थायी ऱेखा सुं./ Pan : Aaaco1199H (अऩीराथी /Appellant) (प्रत्मथी / Respondent) ..

…income from the business of the 5 ITA No.1389-1390/Mum/2011 and ITA No.2133/M/um/2013 hotels as claimed by the assessee. In support of the contentions raised by the ld.AR, he placed reliance on the following decisions: i ) Mohiddin Hotels (P) Ltd. reported in 284 ITR 229 (Bom); ii) Plaza Hotels (P) Ltd-147 ITD 98 (Mum) iii) Gesco Corporation Ltd-31 SOT 132 (Mum) iv) Sultan Brothers P Ltd 51 ITR 353 (SC) 6. Per contra, the ld.DR vehemently opposed the argument of the ld. AR by relying on the orders of the authorities below. 7. We have carefully considered the rival contentions and perused the material placed bef…