CIT v. Piem Hotel Pvt. Ltd.

209 ITR 616High Court#11301 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2015 to 2023.

Issues it is cited on

revenue expenditure capital expenditure company business interest

Judgments citing CIT v. Piem Hotel Pvt. Ltd.

ACIT, CIRCLE- 15(2), NEW DELHI vs. LOGIX INFRA DEVELOPERS (P) LTD., NEW DELHI

In the result, appeal of the Revenue is dismissed

ITA 5400/DEL/2019[2013-14]Status: DisposedITAT Delhi17 Mar 2023AY 2013-14

Bench: Shri Anil Chaturvedi & Shri N.K. Choudhry

For Appellant: Ms. Shweta Bansal, CAFor Respondent: Ms. Sarita Kumari, CIT-DR

Section 143(3)

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES “E”: DELHI BEFORE SHRI ANIL CHATURVEDI, ACCOUNTANT MEMBER AND SHRI N.K. CHOUDHRY, JUDICIAL MEMBER ITA.No.5400/Del./2019 Assessment Year 2013-14 The ACIT, Circle-15(2), M/s. Logix Infra Developers New Delhi Pvt. Ltd., 85, Ground Floor, World Trade vs. Centre, Barakhamba Lane, Central Delhi, New Delhi 110001 PAN AABCL 9746 J (Appellant) (Respondent) For Revenue : Ms. Sarita Kumari, CIT-DR For Assessee : Ms. Shweta Bansal, CA Date of Hearing : 09.03.2023 Date of Pronouncement : 17.03.2023 ORDER PER ANIL CHATURVEDI, A.M. : This appeal filed by the Revenue is direc…

DCIT, CIRCLE- 11(1), NEW DELHI vs. HMS REAL ESTATE PVT. LTD., NEW DELHI

In the result, the appeal of the revenue is dismissed

ITA 4190/DEL/2018[2014-15]Status: DisposedITAT Delhi16 Mar 2023AY 2014-15

Bench: Shri Kul Bharat & Shri O.P. Kantassessment Year: 2014-15

Section 37(1)

…IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: ‘C’ NEW DELHI BEFORE SHRI KUL BHARAT, JUDICIAL MEMBER AND SHRI O.P. KANT, ACCOUNTANT MEMBER Assessment Year: 2014-15 DCIT Vs. HMS Real Estate Pvt. Circle -11 (1) Ltd. 1, AD, Vandhana New Delhi Building, 11, Tolstoy Marg, New Delhi PAN No.AACCH0745G (Appellant) (Respondent) Appellant by Sh. Anuj Garg, Sr. DR Respondent by Ms. Ananya Kapoor, Advocate Date of hearing 16.03.2023 Date of 16.03.2023 pronouncement ORDER PER O.P. KANT, AM: This appeal by the revenue is directed against order dated 28/03/2018 passed by the Learned Commissioner of income-tax (Appea…

LOGIX INFRA DEVELOPERS (P) LTD.,NEW DELHI vs. AICT, CIRCLE- 15(2), NEW DELHI

In the result, the appeal of the assessee is partly allowed

ITA 5949/DEL/2017[2012-13]Status: DisposedITAT Delhi25 Aug 2022AY 2012-13

Bench: Sh. Saktijit Deydr. B. R. R. Kumarita No. 5949/Del/2017 : Asstt. Year : 2012-13 Logix Infra Developers (P) Ltd., Vs Acit, 85, Ground Floor, World Trade Circle-15(2), Centre, Barakhamba Lane, New Delhi-110002 New Delhi-110001 (Appellant) (Respondent) Pan No. Aabcl9746J Assessee By : Sh. V. K. Aggarwal, Ca & Ms. Shweta Bansal, Ca Revenue By : Sh. T. Kipgen, Cit Dr Date Of Hearing: 06.07.2022 Date Of Pronouncement: 25.08.2022

For Appellant: Sh. V. K. Aggarwal, CA &For Respondent: Sh. T. Kipgen, CIT DR

Section 36(1)(iii)

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘F’, NEW DELHI Before Sh. Saktijit Dey, Judicial Member Dr. B. R. R. Kumar, Accountant Member ITA No. 5949/Del/2017 : Asstt. Year : 2012-13 Logix Infra Developers (P) Ltd., Vs ACIT, 85, Ground Floor, World Trade Circle-15(2), Centre, Barakhamba Lane, New Delhi-110002 New Delhi-110001 (APPELLANT) (RESPONDENT) PAN No. AABCL9746J Assessee by : Sh. V. K. Aggarwal, CA & Ms. Shweta Bansal, CA Revenue by : Sh. T. Kipgen, CIT DR Date of Hearing: 06.07.2022 Date of Pronouncement: 25.08.2022 ORDER Per Dr. B. R. R. Kumar, Accountant Member: The present appeal has been f…

M/S. LOGIX BUIDLTECH (P) LTD.,NEW DELHI vs. ACIT, NEW DELHI

In the result, appeal of the assessee is partly allowed

ITA 3208/DEL/2017[2012-13]Status: DisposedITAT Delhi17 Nov 2021AY 2012-13

Bench: Sh. Anil Chaturvedi & Sh. Kul Bharat(Through Video Conferencing) M/S Logix Buildtech (P) Vs. Acit Ltd., 301-A, World Trade Circle – 15(2), Tower, Barakhamba Lane, Cr Building Connaught Place, New Delhi New Delhi - 110 001 Pan : Aabcl 7527 R (Appellant) (Respondent) Assessee By Shri V. K. Agarwal, Ar Ms. Shweta Bansal, C.A. Revenue By Shri Lakshminarayan, Sr. D.R. Date Of Hearing: 25.10.2021 Date Of Pronouncement: 17.11.2021 Order Per Anil Chaturvedi, Am :

Section 143(3)Section 211Section 57

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘D’, NEW DELHI BEFORE SH. ANIL CHATURVEDI, ACCOUNTANT MEMBER AND SH. KUL BHARAT, JUDICIAL MEMBER (THROUGH VIDEO CONFERENCING) M/s Logix Buildtech (P) Vs. ACIT Ltd., 301-A, World Trade Circle – 15(2), Tower, Barakhamba Lane, CR Building Connaught Place, New Delhi New Delhi - 110 001 PAN : AABCL 7527 R (APPELLANT) (RESPONDENT) Assessee by Shri V. K. Agarwal, AR Ms. Shweta Bansal, C.A. Revenue by Shri Lakshminarayan, Sr. D.R. Date of hearing: 25.10.2021 Date of Pronouncement: 17.11.2021 ORDER PER ANIL CHATURVEDI, AM : This appeal filed by the assessee is directed aga…

LOGIX BUILDTECH (P) LTD.,NEW DELHI vs. ACIT, CIRCLE- 15(2), NEW DELHI

In the result, the appeal of the assessee is allowed

ITA 3014/DEL/2018[2013-14]Status: DisposedITAT Delhi17 Sept 2021AY 2013-14

Bench: Sh. K. N. Charydr. B. R. R. Kumar(Through Video Conferencing) Ita No. 3014/Del/2018 : Asstt. Year : 2013-14 Logix Buildtech (P) Ltd., Vs Acit, 301-A, World Trade Tower, Circle-15(2), Barakhamba Lane, Connaught New Delhi Place, New Delhi-110001 (Appellant) (Respondent) Pan No. Aabcl7527R Assessee By : Sh. V. K. Agarwal, Ar Revenue By : Ms. P. Biswas, Cit Dr Date Of Hearing: 09.09.2021 Date Of Pronouncement: 17.09.2021

For Appellant: Sh. V. K. Agarwal, ARFor Respondent: Ms. P. Biswas, CIT DR

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘E’, NEW DELHI Before Sh. K. N. Chary, Judicial Member Dr. B. R. R. Kumar, Accountant Member (Through Video Conferencing) ITA No. 3014/Del/2018 : Asstt. Year : 2013-14 Logix Buildtech (P) Ltd., Vs ACIT, 301-A, World Trade Tower, Circle-15(2), Barakhamba Lane, Connaught New Delhi Place, New Delhi-110001 (APPELLANT) (RESPONDENT) PAN No. AABCL7527R Assessee by : Sh. V. K. Agarwal, AR Revenue by : Ms. P. Biswas, CIT DR Date of Hearing: 09.09.2021 Date of Pronouncement: 17.09.2021 ORDER Per Dr. B. R. R. Kumar, Accountant Member: The present appeal has been filed by…

VOLKSWAGEN INDIA PRIVATE LTD.,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX,,

In the result, the appeal of the assessee is partly allowed for statistical purposes

ITA 1883/PUN/2013[2008-09]Status: DisposedITAT Pune05 Sept 2019AY 2008-09

For Appellant: Shri Danesh BafnaFor Respondent: Shri S.B. Prasad

Section 3Section 4

…ome earned during pre-operative period and the same are liable to be assessed under the head ‘income from other sources’ along with interest income. The decision of Hon’ble Bombay High Court in the case of Commissioner of Income Tax Vs. Piem Hotels Pvt. Ltd. (209 ITR 616) referred above supports the view that just because some miscellaneous income is earned during the pre operative period, it does not follow that the business as such is set up. The fact that interest income on deposits was admitted as income from other sources in the original as well as revised return also supports the stand of the revenue that t…

ACIT, NEW DELHI vs. M/S. ELEL HOTELS & INVESTMENT LTD., MUMBAI

In the result, the appeal of the Revenue is dismissed

ITA 1080/DEL/2014[2008-09]Status: DisposedITAT Delhi29 Jul 2016AY 2008-09

Bench: Smt Diva Singh & Sh.L.P.Sahu

Section 153A

…. Sr.DR relies upon the assessment order and submits that the CIT(A) has come to a finding without addressing what has happened in 2005-06 AY. Reference to which has specifically been made by the AO. Reliance was also placed upon CIT vs PIEM Hotel Pvt. Ltd. 209 ITR 616 (Bom.). 7. The Ld.AR on the other hand filed detailed written submissions in support of its claim. Referring to the same it was his submission that there is no doubt that “Hotel Sea Rock” was owned by the assessee, and it was under extensive renovation during the year under consideration. It was his submission that its operations were tempora…

OM SHAKTHY HOSPITALITIES PVT LTD.,CHENNAI vs. DCIT, CHENNAI

In the result, the appeal of the assessee is allowed for statistical purpose

ITA 960/CHNY/2015[2011-12]Status: DisposedITAT Chennai28 Jun 2016AY 2011-12

Bench: Shri A.Mohan Alankamony & Shri. G. Pavan Kumar

For Appellant: Shri.N. Anush Shanker, C.AFor Respondent: Shri. R. Clement Ramesh Kumar, CIT

Section 142(1)Section 143(2)Section 143(3)Section 28(1)Section 30Section 37

…claim being the Hotel has commenced its trail run with the facilities and was already setup and irrespective of fact, the inauguration took place in subsequent financial year. The ld. Assessing Officer relied on the decision of CIT vs. Paem Hotel Pvt. Ltd 209 ITR 616(Bom) and formed an opinion on perusal of the expenditure on each segment and discussed at page 4 of the order and concluded that the nature of expenditure claimed by ITA No 960/Mds2015 :- 4 -: . the assessee company in the profit and loss account incurred during construction of Hotel but not incurred for running the Hotel Business and not al…

DCIT, NEW DELHI vs. M/S DLF HOMES PANCHKULA PVT. LTD.,, NEW DELHI

In the result appeal of the department is dismissed

ITA 4344/DEL/2012[2009-10]Status: DisposedITAT Delhi14 Oct 2015AY 2009-10

Bench: Sh. N. K. Saini, Am & Sh. C. M. Garg, Jm Ita No. 4344/Del/2012 : Asstt. Year : 2009-10 Dcit, Vs M/S Dlf Homes Panchkula Pvt. Ltd. Circle-10(1), 1-E, Naaz Cinema Complex, New Delhi Jhandewalan Extn., New Delhi (Appellant) (Respondent) Pan No. Aabch8735M Assessee By : Sh. R. S. Singvi, Ca Revenue By: Smt. Parwinder Kaur, Sr. Dr Date Of Hearing : 31.07.2015 Date Of Pronouncement : 14.10.2015 Order Per N.K. Saini, A.M. This Is An Appeal By The Department Against The Order Dated 24.05.2012 Of The Ld. Cit(A)-Xiii, New Delhi.

For Appellant: Sh. R. S. Singvi, CAFor Respondent: Smt. Parwinder Kaur, Sr. DR

Section 4Section 5A

…allowable. The reliance was placed on the following case laws: " CIT Vs Sarabhai 192 ITR 151 " Western India Vegetable Products Vs CIT 26 ITR 151 " Prem Vs CIT 108 ITR 654 8 DLF Homes Panchkula Pvt. Ltd. " CIT Vs Western India 199 ITR 777 " CIT Vs Piem Hotel 209 ITR 616 " CIT Vs L G Electronics (India) Ltd. (2006) 282 ITR 545 (Del) " CIT Vs Herbalife International India (P) Ltd. 297 ITR 303 (Del) " CIT Vs Sarabhai Management Corpn. Ltd. (1991) 192 ITR 151 " Whirlpool of India Ltd. Vs JCIT (2008) 19 SOT 593 " CIT Vs Sponge Iron Ltd. 201 ITR 770, 780 (AP) " M/s Club Resorts Pvt. Ltd. 287 ITR 552 (Mad) " DCIT Vs Co…