Commissioner of Income-tax v. Gaekwad & Co.

HARESH NATVARLAL SANGHVI,THANE vs. ACIT CIR 4, THANE

The appeal of the revenue is dismissed

Bench: Shri G. Manjunatha & Shri Ravish Soodharesh Natvarlal Sanghavi Acit, Circle-4, 6Th Floor Nikunj House, Manav Mandir A-Wing, Room No. 2, Ashar I.T Park, Vs. Ambadi Road, Vasai (W), Road No. 16-Z, Wagle Industrial Estate, Thane. Thane(W) – 400 604 Pan –Afcps7828F Acit, Circle-4, 6Th Floor Haresh Natvarlal Sanghavi A-Wing, Room No. 2, Ashar I.T Park, Nikunj House, Manav Mandir Vs. Road No. 16-Z, Wagle Industrial Estate, Ambadi Road, Vasai (W), Thane(W) – 400 604 Thane. Pan –Afcps7828F Assessee By: S/Shri Nirav Vora & Ankita Lunia, A.Rs Revenue By: Shri R. Bhoopathi, D.R Date Of Hearing: 05.03.2020 Date Of Pronouncement: 09.06.2020

…nherently incapable of being let out, no computation of the tax could be made under s. 23 and, therefore, the charge under s. 22 fails.‖ 8. Learned CIT(A) further held that similarly the honourable Gujarat High Court has also held in the case of Gaekwad & Co. 277 ITR 553 (Guj) as under: ―The Tribunal has, therefore, applied the law laid down by apex Court in case of R.B. Jodha Mal Kuthiala vs. CIT (1971) 82 ITR 570 (SC), which has been explained and applied in the aforesaid decision in case of Podar Cement (P) Ltd. (supra). The ratio of the decision is that, having regard to the object of the Act to tax the incom…

RAJESHRI ASSOCIATES,MUMBAI vs. DCIT 24(2), MUMBAI

Bench: Shri P.K Bansal & Shri Ravish Sood, Jm M/S Rajeshri Associates, Dcit 24(2), 6Th Floor, C-13 बिधम/ 102/Kent Tower Chs. Ltd, Pratyakshakkar Bhawan, Nursing Lane, Malad West, Bandra Kurla Complex, Bandra Vs. Mumbai-400 064. (East), Mumbai 400 051. स्थामी रेखा सं./ जीआइआय सं./ Pan No. Aaafe7827A (अऩीराथी /Appellant) (प्रत्मथी / Respondent) :

…of the same could not have been brought to tax in his hands relied on the judgment of the Hon’ble High Court of Gujarat in the case of Commissioner of Income-tax vs. Gaekwad ITA No. 631/Mum/2016 – A.Y. 2006-07 7 M/s Rajeshri Associates vs. DCIT & Co. (2005) 277 ITR 553 (Gujarat). The ld. A.R in order to put to rest any doubt as regards her claim that the possession of the aforesaid shops were in dispute, therein took us through Page 35 of the ‘APB’, which is a letter dated 01.09.2006 addressed by the society, viz. God’s Gift Cooperative Housing Society to the assessee, wherein the society had refused to enrol t…