Jai Mahal Hotel (P.) Ltd. v. ACIT

THE PR. COMMISSIONER OF INCOME TAX-15 vs. SACHDEVA HOSPITALITY

Bench: HON'BLE MR. JUSTICE YASHWANT VARMA,HON'BLE MR. JUSTICE RAVINDER DUDEJA

…ved by the Assessee"? 2.3 Whether the Id. ITAT is correct in arriving at the conclusion that the Assessee is entitled for deduction under section 80ID of the Income Tax Act, 1961, relying on the Judgements in the case of Jai Mahal Hotel (P) Ltd Vs ACIT 65 ITD 362 (Delhi) wherein the question of allowing or otherwise of deduction under section under section 80ID was neither addressed nor answered? 2.4 Whether the Id. ITAT is correct to apply the Judgement in the case of Jai Mahal P. Ltd. (Supra) wherein the issue decided is only whether the income shall be assessed under the head ‘Income From Busin…

THE PR. COMMISSIONER OF INCOME TAX-15 vs. SACHDEVA HOSPITALITY

…at the income received by the respondent/assessee was in taxable under head income from house property. 13. We may note, that the Tribunal, in its decision dated 21.02.2020 has relied upon the judgment rendered by it in Jai Mahal Hotel (P.) Ltd Vs ACIT 65 ITD 362 (Delhi). 14. Mr Bhatia will inform the Court, as to whether the matter was carried further in appeal. 15. Issue notice. ITA 293/2023 2/3 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from…

ITO, NEW DELHI vs. M/S. SACHDEVA HOSPITALITY, NEW DELHI

In the result, the appeal of the revenue is dismissed

Bench: Ms. Sushma Chowladr. B. R. R. Kumarita No. 4083/Del/2016 : Asstt. Year : 2012-13 Income Tax Officer, Vs Sachdeva Hospitality, Ward 41(1), 12/57, West Punjabi Bagh, New Delhi. New Delhi (Appellant) (Respondent) Pan No. Abjfs1413K Assessee By : Dr. Rakesh Gupta, Adv. Revenue By : Sh. Saras Kumar, Sr. Dr Date Of Hearing: 06.01.2020 Date Of Pronouncement: 21.02.2020

…le to is also tagged to the assessee being the employee. All the TDS certificates are received in the name of the assessee firm wherever applicable. We have also given our attention to the judgment of Co-ordinate Bench in the case of Jai Mahal Hotel Pvt. Ltd. 65 ITD 362 (Del.). The relevant analysis is at para 13 to 19 of the order which is as under: “13(a) That the term "business" as defined in s. 2(13) are of very wide import and it must be construed in a broad rather than in a restrictive sense. Such a view is clearly fortified by the provisions contained in s. 2(13) as well as the judgments reported in Mazaga…