(i) CIT v. Haryana Tourism Corporation Ltd.

327 ITR 26High Court2010#17667 most cited
5

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2016 to 2021.

Judgments citing (i) CIT v. Haryana Tourism Corporation Ltd.

Dy. Commissioner of Income Tax, Circle-1(2), Hyderabad vs. Cache Properties Private Limited, Hyderabad

In the result, the Revenue’s appeal is dismissed

ITA 124/HYD/2020[2012-13]Status: DisposedITAT Hyderabad07 Oct 2021AY 2012-13

Bench: Smt. P. Madhavi Devi & Shri A. Mohan Alankamony

For Respondent: Sri Rohit Mujumdar, D.R
Section 115Section 115JSection 143(2)Section 143(3)Section 24Section 263

…at where the tribunal had accepted income from letting out as ‘income from house property’ in the earlier assessment years, it is not open for the A.O to treat it as business income in the subsequent years:- 1) CIT Vs. Haryana Tourism Corporation, reported in 327 ITR 26 (P&H); and 2) CIT Vs. Neo Poly Pack (P.) Ltd., reported in 112 taxman 363 (Delhi). Therefore, he prayed that the income from house property as offered by the assessee be accepted. 6. Ld.DR, on the other hand, reiterated the submissions made by him in his written submissions and has relied upon the case laws, which have been referred to by the Ass…

DCIT, New Delhi vs. M/S. Modi Industries Ltd., Uttar Pradesh

In the result, the appeal of the Revenue is dismissed

ITA 1867/DEL/2017[2012-13]Status: DisposedITAT Delhi10 Jul 2019AY 2012-13

Bench: Sh. Bhavnesh Sainidr. B. R. R. Kumarita No. 1867/Del/2017 : Asstt. Year : 2012-13 Dcit, Vs M/S Modi Industries Ltd., Circle-17(1), Modi Nagar, Ghaziabad Road, New Delhi U.P.-201204 (Appellant) (Respondent) Pan No. Aaacm2063Q Assessee By : Sh. Vibhu Gupta, Ca Revenue By : Ms. Rinku Singh, Sr. Dr Date Of Hearing: 10.07.2019 Date Of Pronouncement: 10.07.2019 Order Per Dr. B. R. R. Kumar:

For Appellant: Sh. Vibhu Gupta, CAFor Respondent: Ms. Rinku Singh, Sr. DR
Section 14ASection 22Section 28

…-12, the ITAT has passed an order treating this income as income from house property considering the provisions of Sections 14, 22 & 28 of the Income Tax Act, 1961. The Hon’ble Punjab & Haryana High Court in the case of CIT Vs Haryana Tourism Corporation Ltd. 327 ITR 26 held specifically that rental income earlier assessed u/s 22 of the Act as income from house property could not be assessed u/s 28 of the Act as business income in a later year, in the absence of any fundamental facts. Since, the amount has been treated as income from house property and also the Co-ordinate Bench of the Revenue has allowed the app…

Cache Properties Private Limited, Hyderabad vs. Dy. Commissioner of Income Tax, Circle-1(2), Hyderabad

In the result, the appeal filed by the assessee is allowed

ITA 571/HYD/2018[2014-15]Status: DisposedITAT Hyderabad27 May 2019AY 2014-15

Bench: Smt. P. Madhavi Devi & Shri S. Rifaur Rahman

For Respondent: Smt. Neeju Gupta, DR
Section 115JSection 143(2)Section 24

…at where the tribunal had accepted income from letting out as ‘income from house property’ in the earlier assessment years, it is not open for the A.O to treat it as business income in the subsequent years:- 1) CIT Vs. Haryana Tourism Corporation, reported in 327 ITR 26 (P&H); and 2) CIT Vs. Neo Poly Pack (P.) Ltd., reported in 112 taxman 363 (Delhi). Therefore, he prayed that the income from house property as offered by the assessee be accepted. 6. Ld.DR, on the other hand, reiterated the submissions made by him in his written submissions and has relied upon the case laws, which have been referred to by the Ass…

M/S. Krishak Bharati Cooperative Ltd., New Delhi vs. ACIT, New Delhi

In the result, both the Appeals filed by the Assessee stand allowed

ITA 6786/DEL/2015[2011-12]Status: DisposedITAT Delhi09 Mar 2016AY 2011-12

Bench: Shri H.S. Sidhu & Shri O.P. Kant

For Appellant: Sh. Vijay Ranjan, Adv. Sh. VartikFor Respondent: Sh. Amit Mohan Govil, CIT(DR)
Section 143(2)Section 143(3)Section 263

…tition filed by the Department against this judgment see [2011] 336 ITR (St.) 15-Ed. (emphasis supplied) 11.6 The rule of consistency has also been approved by various High Courts in the following cases: (i) CIT vs. Haryana Tourism Corporation Ltd., [2010] 327 ITR 26 (P&H) (ii) CIT vs. Haryana State Industrial Development Corporation Ltd., [2010] 326 ITR 640 (P&H) (iii) CIT vs. Siva Springs, [2008] 304 ITR 24 (Mad.) (iv) CIT vs. Goel Builders, [2011] 331 ITR 344 (All.) (v) CIT' Vs. Hitech Arai Limited 368 ITR 577 (Mad) The relevant part of this judgment is reproduced below from page 587 of the Report: "W…

M/S. Krishak Bharati Cooperative Ltd., New Delhi vs. ACIT, New Delhi

In the result, both the Appeals filed by the Assessee stand allowed

ITA 6785/DEL/2015[2010-11]Status: DisposedITAT Delhi09 Mar 2016AY 2010-11

Bench: Shri H.S. Sidhu & Shri O.P. Kant

For Appellant: Sh. Vijay Ranjan, Adv. Sh. VartikFor Respondent: Sh. Amit Mohan Govil, CIT(DR)
Section 143(2)Section 143(3)Section 263

…tition filed by the Department against this judgment see [2011] 336 ITR (St.) 15-Ed. (emphasis supplied) 11.6 The rule of consistency has also been approved by various High Courts in the following cases: (i) CIT vs. Haryana Tourism Corporation Ltd., [2010] 327 ITR 26 (P&H) (ii) CIT vs. Haryana State Industrial Development Corporation Ltd., [2010] 326 ITR 640 (P&H) (iii) CIT vs. Siva Springs, [2008] 304 ITR 24 (Mad.) (iv) CIT vs. Goel Builders, [2011] 331 ITR 344 (All.) (v) CIT' Vs. Hitech Arai Limited 368 ITR 577 (Mad) The relevant part of this judgment is reproduced below from page 587 of the Report: "W…

(i) CIT v. Haryana Tourism Corporation Ltd. (327 ITR 26) — Cited in 5 Judgments | BharatTax