Keyaram Hotels (P) Ltd. v. ACIT

Suryavardhan Estates (P) Ltd., Chennai vs. ACIT, Chennai

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwalआयकर अपील सं./Ita No.: 462/Chny/2017 िनधा"रण वष" /Assessment Year: 2012-13 The Dcit, M/S. Suryavaradhan Corporate Circle 6(2), V. Estates Pvt. Ltd., 6Th Floor, Dhun Building, Chennai. No.827, Anna Salai, Chennai – 600 002. Pan: Aajcs 5120M (अपीलाथ"/Appellant) (""यथ"/Respondent) & आयकर अपील सं./Ita No.:697/Chny/2017 िनधा"रण वष" /Assessment Year: 2012 - 13 M/S. Suryavaradhan Estates The Acit, Pvt. Ltd., V. Corporate Circle 6, 6Th Floor, Dhun Building, Chennai. No.827, Anna Salai, Chennai – 600 002. Pan: Aajcs 5120M (अपीलाथ"/Appellant) (""यथ"/Respondent) & C.O. No.: 36/Chny/2017 (In I.T.A. No. 462/Chny/2017 िनधा"रण वष" /Assessment Year: 2012 – 13 M/S. Suryavaradhan Estates The Dcit, Pvt. Ltd., V. Corporate Circle 6(2), 6Th Floor, Dhun Building, Chennai. No.827, Anna Salai, Chennai – 600 002. Pan: Aajcs 5120M (अपीलाथ"/Appellant) (""यथ"/Respondent)

…the entire net consideration within the stipulated period. 2.6 The Ld CIT(A) erred in not following the binding decision of the Jurisdictional High Court in the case of Keyaram Hotels (P) Ltd., Vs ACIT 373 ITR 494 (Madras). SLP dismissed by Supreme Court vide 235 Taxmann 512 (SC) against HC’s ruling that where assessee was not engaged in any business activity, rental income earned from letting out commercial complex would be assessed as income from house property and not as business income. 6 I.T.A. Nos.462 & 697/Chny/2017 & C.O. No.36/Chny/2017 6. Intervened during the course of hearing, ld.counsel for the ass…

DCIT, Chennai vs. Suryavardhan Estates Pvt. Ltd., Chennai

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwalआयकर अपील सं./Ita No.: 462/Chny/2017 िनधा"रण वष" /Assessment Year: 2012-13 The Dcit, M/S. Suryavaradhan Corporate Circle 6(2), V. Estates Pvt. Ltd., 6Th Floor, Dhun Building, Chennai. No.827, Anna Salai, Chennai – 600 002. Pan: Aajcs 5120M (अपीलाथ"/Appellant) (""यथ"/Respondent) & आयकर अपील सं./Ita No.:697/Chny/2017 िनधा"रण वष" /Assessment Year: 2012 - 13 M/S. Suryavaradhan Estates The Acit, Pvt. Ltd., V. Corporate Circle 6, 6Th Floor, Dhun Building, Chennai. No.827, Anna Salai, Chennai – 600 002. Pan: Aajcs 5120M (अपीलाथ"/Appellant) (""यथ"/Respondent) & C.O. No.: 36/Chny/2017 (In I.T.A. No. 462/Chny/2017 िनधा"रण वष" /Assessment Year: 2012 – 13 M/S. Suryavaradhan Estates The Dcit, Pvt. Ltd., V. Corporate Circle 6(2), 6Th Floor, Dhun Building, Chennai. No.827, Anna Salai, Chennai – 600 002. Pan: Aajcs 5120M (अपीलाथ"/Appellant) (""यथ"/Respondent)

…the entire net consideration within the stipulated period. 2.6 The Ld CIT(A) erred in not following the binding decision of the Jurisdictional High Court in the case of Keyaram Hotels (P) Ltd., Vs ACIT 373 ITR 494 (Madras). SLP dismissed by Supreme Court vide 235 Taxmann 512 (SC) against HC’s ruling that where assessee was not engaged in any business activity, rental income earned from letting out commercial complex would be assessed as income from house property and not as business income. 6 I.T.A. Nos.462 & 697/Chny/2017 & C.O. No.36/Chny/2017 6. Intervened during the course of hearing, ld.counsel for the ass…

M/S. J.G. Exports, Chennai vs. ITO, Chennai

In the result, the appeals of the assessee stand dismissed

Bench: Shri Abraham P.George & Shri George Mathanआयकर अपील सं./I.T.A. Nos.2372, 2373, 2374, 2375, 2376, 2377 & 2378/ Mds/2016 "नधा"रण वष" /Assessment Years :2005-06, 2006-07, 2007-08, 2008- 09, 2009-10, 2010-11 & 2011-2012. M/S. Jg Exports, Vs. The Income Tax Officer, No.55, Narayanamudali Business Circle X (2) Street, Chennai 600 006. Chennai 600 079. [Pan Aaafj 3129M] (अपीलाथ"/Appellant) (""यथ"/Respondent)

…TR 118, such income could be considered only under the head ‘’Income from House Property’’. Ld. Departmental Representative also pointed out that Special Leave Petition filed against the above judgment was dismissed by Hon’ble Apex Court and reported (2015) 235 Taxmann 512. We have considered the rival contentions and perused the 6. orders of the authorities below. It is not disputed by the ld. Authorised Representative that for assessment years 2006-07, 2007-08 and 2011- 12, assessee itself had shown the rental income under the head ‘’Income from House Property’’ in the returns filed by it. For assessment y…

M/S. J.G. Exports, Chennai vs. ITO, Chennai

In the result, the appeals of the assessee stand dismissed

Bench: Shri Abraham P.George & Shri George Mathanआयकर अपील सं./I.T.A. Nos.2372, 2373, 2374, 2375, 2376, 2377 & 2378/ Mds/2016 "नधा"रण वष" /Assessment Years :2005-06, 2006-07, 2007-08, 2008- 09, 2009-10, 2010-11 & 2011-2012. M/S. Jg Exports, Vs. The Income Tax Officer, No.55, Narayanamudali Business Circle X (2) Street, Chennai 600 006. Chennai 600 079. [Pan Aaafj 3129M] (अपीलाथ"/Appellant) (""यथ"/Respondent)

…TR 118, such income could be considered only under the head ‘’Income from House Property’’. Ld. Departmental Representative also pointed out that Special Leave Petition filed against the above judgment was dismissed by Hon’ble Apex Court and reported (2015) 235 Taxmann 512. We have considered the rival contentions and perused the 6. orders of the authorities below. It is not disputed by the ld. Authorised Representative that for assessment years 2006-07, 2007-08 and 2011- 12, assessee itself had shown the rental income under the head ‘’Income from House Property’’ in the returns filed by it. For assessment y…

M/S. J.G. Exports, Chennai vs. ITO, Chennai

In the result, the appeals of the assessee stand dismissed

Bench: Shri Abraham P.George & Shri George Mathanआयकर अपील सं./I.T.A. Nos.2372, 2373, 2374, 2375, 2376, 2377 & 2378/ Mds/2016 "नधा"रण वष" /Assessment Years :2005-06, 2006-07, 2007-08, 2008- 09, 2009-10, 2010-11 & 2011-2012. M/S. Jg Exports, Vs. The Income Tax Officer, No.55, Narayanamudali Business Circle X (2) Street, Chennai 600 006. Chennai 600 079. [Pan Aaafj 3129M] (अपीलाथ"/Appellant) (""यथ"/Respondent)

…TR 118, such income could be considered only under the head ‘’Income from House Property’’. Ld. Departmental Representative also pointed out that Special Leave Petition filed against the above judgment was dismissed by Hon’ble Apex Court and reported (2015) 235 Taxmann 512. We have considered the rival contentions and perused the 6. orders of the authorities below. It is not disputed by the ld. Authorised Representative that for assessment years 2006-07, 2007-08 and 2011- 12, assessee itself had shown the rental income under the head ‘’Income from House Property’’ in the returns filed by it. For assessment y…

M/S. J.G. Exports, Chennai vs. ITO, Chennai

In the result, the appeals of the assessee stand dismissed

Bench: Shri Abraham P.George & Shri George Mathanआयकर अपील सं./I.T.A. Nos.2372, 2373, 2374, 2375, 2376, 2377 & 2378/ Mds/2016 "नधा"रण वष" /Assessment Years :2005-06, 2006-07, 2007-08, 2008- 09, 2009-10, 2010-11 & 2011-2012. M/S. Jg Exports, Vs. The Income Tax Officer, No.55, Narayanamudali Business Circle X (2) Street, Chennai 600 006. Chennai 600 079. [Pan Aaafj 3129M] (अपीलाथ"/Appellant) (""यथ"/Respondent)

…TR 118, such income could be considered only under the head ‘’Income from House Property’’. Ld. Departmental Representative also pointed out that Special Leave Petition filed against the above judgment was dismissed by Hon’ble Apex Court and reported (2015) 235 Taxmann 512. We have considered the rival contentions and perused the 6. orders of the authorities below. It is not disputed by the ld. Authorised Representative that for assessment years 2006-07, 2007-08 and 2011- 12, assessee itself had shown the rental income under the head ‘’Income from House Property’’ in the returns filed by it. For assessment y…

M/S. J.G. Exports, Chennai vs. ITO, Chennai

In the result, the appeals of the assessee stand dismissed

Bench: Shri Abraham P.George & Shri George Mathanआयकर अपील सं./I.T.A. Nos.2372, 2373, 2374, 2375, 2376, 2377 & 2378/ Mds/2016 "नधा"रण वष" /Assessment Years :2005-06, 2006-07, 2007-08, 2008- 09, 2009-10, 2010-11 & 2011-2012. M/S. Jg Exports, Vs. The Income Tax Officer, No.55, Narayanamudali Business Circle X (2) Street, Chennai 600 006. Chennai 600 079. [Pan Aaafj 3129M] (अपीलाथ"/Appellant) (""यथ"/Respondent)

…TR 118, such income could be considered only under the head ‘’Income from House Property’’. Ld. Departmental Representative also pointed out that Special Leave Petition filed against the above judgment was dismissed by Hon’ble Apex Court and reported (2015) 235 Taxmann 512. We have considered the rival contentions and perused the 6. orders of the authorities below. It is not disputed by the ld. Authorised Representative that for assessment years 2006-07, 2007-08 and 2011- 12, assessee itself had shown the rental income under the head ‘’Income from House Property’’ in the returns filed by it. For assessment y…

M/S. J.G. Exports, Chennai vs. ITO, Chennai

In the result, the appeals of the assessee stand dismissed

Bench: Shri Abraham P.George & Shri George Mathanआयकर अपील सं./I.T.A. Nos.2372, 2373, 2374, 2375, 2376, 2377 & 2378/ Mds/2016 "नधा"रण वष" /Assessment Years :2005-06, 2006-07, 2007-08, 2008- 09, 2009-10, 2010-11 & 2011-2012. M/S. Jg Exports, Vs. The Income Tax Officer, No.55, Narayanamudali Business Circle X (2) Street, Chennai 600 006. Chennai 600 079. [Pan Aaafj 3129M] (अपीलाथ"/Appellant) (""यथ"/Respondent)

…TR 118, such income could be considered only under the head ‘’Income from House Property’’. Ld. Departmental Representative also pointed out that Special Leave Petition filed against the above judgment was dismissed by Hon’ble Apex Court and reported (2015) 235 Taxmann 512. We have considered the rival contentions and perused the 6. orders of the authorities below. It is not disputed by the ld. Authorised Representative that for assessment years 2006-07, 2007-08 and 2011- 12, assessee itself had shown the rental income under the head ‘’Income from House Property’’ in the returns filed by it. For assessment y…

M/S. J.G. Exports, Chennai vs. ITO, Chennai

In the result, the appeals of the assessee stand dismissed

Bench: Shri Abraham P.George & Shri George Mathanआयकर अपील सं./I.T.A. Nos.2372, 2373, 2374, 2375, 2376, 2377 & 2378/ Mds/2016 "नधा"रण वष" /Assessment Years :2005-06, 2006-07, 2007-08, 2008- 09, 2009-10, 2010-11 & 2011-2012. M/S. Jg Exports, Vs. The Income Tax Officer, No.55, Narayanamudali Business Circle X (2) Street, Chennai 600 006. Chennai 600 079. [Pan Aaafj 3129M] (अपीलाथ"/Appellant) (""यथ"/Respondent)

…TR 118, such income could be considered only under the head ‘’Income from House Property’’. Ld. Departmental Representative also pointed out that Special Leave Petition filed against the above judgment was dismissed by Hon’ble Apex Court and reported (2015) 235 Taxmann 512. We have considered the rival contentions and perused the 6. orders of the authorities below. It is not disputed by the ld. Authorised Representative that for assessment years 2006-07, 2007-08 and 2011- 12, assessee itself had shown the rental income under the head ‘’Income from House Property’’ in the returns filed by it. For assessment y…