M/s. Ashish Plastic Industries v. ACIT

RUMNEEK BAWA,NEW DELHI vs. ACIT, NEW DELHI

In the result, this appeal filed by assessee is allowed

Bench: Sh. Shamim Yahya & Shri Yogesh Kumar Usshri Rumneek Bawa Vs. Acit House No.6161, Pocket – B Circle – 10(1) Sector – 8, Vasant Kunj New Delhi New Delhi – 110070 Pan No. Aajpb 2393 Q (Appellant) (Respondent) Assessee By Shri R. S. Singhavi, C.A. & Shri Rajat Garg, C.A. Revenue By Shri P. N. Barnwal, Cit-D.R. Date Of Hearing: 12.10.2023 Date Of Pronouncement: 23.10.2023

…the said income has already been subjected to tax in the case of the company, hence there was no valid basis for taxing the same again in the case of the assessee. In this regard, following case laws has been submitted: (i) Ashish Plastic Industries vs. ACIT 373 ITR 45 (SC) (ii) PCIT vs. Surya Agrotech Infrastructure Ltd. [2023] 154 taxmann.com 156. (Delhi HC) 7. Per contra, Learned DR relied upon the order of the authorities below. 8. Upon careful consideration, we find that first challenge of the assessee is to the assessment framed under section 153A of the Act. Undisputedly, Rumneek Bawa vs. ACIT 6 the doc…

DCIT, NEW DELHI vs. M/S. DLF LTD., NEW DELHI

In the result ITA number 4794/del/2015 filed by the learned assessing officer for assessment year 2011 – 12 is dismissed

Bench: Sh. Prashant Maharishi & Sh. K. N. Chary(Through Video Conferencing) Dlf Limited Addl. Cit Dlf Centre, (9Th Floor) Vs Range-10 Sansad Marg, 404, C. R. Building New Delhi-110001 New Delhi Pan No.Aaacd3494N (Appellant) (Respondent) Addl. Cit Dlf Limited Dlf Centre, (9Th Floor) Range-10 Vs 404, C. R. Building Sansad Marg, New Delhi New Delhi-110001 Pan No.Aaacd3494N (Appellant) (Respondent)

…o tax in the case of M/s. DLF Services Ltd. and there is no case of subjecting the same income again in the case of appellant. In this connection, the appellant made reference to decision of Supreme Court in the case of M/s. Ashish Plastic Industries Vs. ACIT 373 ITR 45, as per which same income cannot be subjected to tax again in the case of the appellant. 44. The Ld. CIT DR supported the order of the Assessing Officer and CIT(A). 45. After hearing both the parties, we are of the view that the appellant assigned DLF Services Ltd. right to recover lease rent for maintenance and upkeep services of Mall and as such…

DLF LTD.,NEW DELHI vs. ADDL. CIT, NEW DELHI

In the result ITA number 4794/del/2015 filed by the learned assessing officer for assessment year 2011 – 12 is dismissed

Bench: Sh. Prashant Maharishi & Sh. K. N. Chary(Through Video Conferencing) Dlf Limited Addl. Cit Dlf Centre, (9Th Floor) Vs Range-10 Sansad Marg, 404, C. R. Building New Delhi-110001 New Delhi Pan No.Aaacd3494N (Appellant) (Respondent) Addl. Cit Dlf Limited Dlf Centre, (9Th Floor) Range-10 Vs 404, C. R. Building Sansad Marg, New Delhi New Delhi-110001 Pan No.Aaacd3494N (Appellant) (Respondent)

…o tax in the case of M/s. DLF Services Ltd. and there is no case of subjecting the same income again in the case of appellant. In this connection, the appellant made reference to decision of Supreme Court in the case of M/s. Ashish Plastic Industries Vs. ACIT 373 ITR 45, as per which same income cannot be subjected to tax again in the case of the appellant. 44. The Ld. CIT DR supported the order of the Assessing Officer and CIT(A). 45. After hearing both the parties, we are of the view that the appellant assigned DLF Services Ltd. right to recover lease rent for maintenance and upkeep services of Mall and as such…

DCIT, NEW DELHI vs. M/S. DLF LTD., NEW DELHI

Bench: Shri Amit Shukla & Shri L.P. Sahu

…o tax in the case of M/s. DLF Services Ltd. and there is no case of subjecting the same income again in the case of appellant. In this connection, the appellant made reference to decision of Supreme Court in the case of M/s. Ashish Plastic Industries Vs. ACIT 373 ITR 45, as per which same income cannot be subjected to tax again in the case of the appellant. 44. The Ld. CIT DR supported the order of the Assessing Officer and CIT(A). 45. After hearing both the parties, we are of the view that the appellant assigned DLF Services Ltd. right to recover lease rent for maintenance and upkeep services of Mall and as su…

DLF LTD.,NEW DELHI vs. ADDL. CIT, NEW DELHI

Bench: Shri Amit Shukla & Shri L.P. Sahu

…o tax in the case of M/s. DLF Services Ltd. and there is no case of subjecting the same income again in the case of appellant. In this connection, the appellant made reference to decision of Supreme Court in the case of M/s. Ashish Plastic Industries Vs. ACIT 373 ITR 45, as per which same income cannot be subjected to tax again in the case of the appellant. 44. The Ld. CIT DR supported the order of the Assessing Officer and CIT(A). 45. After hearing both the parties, we are of the view that the appellant assigned DLF Services Ltd. right to recover lease rent for maintenance and upkeep services of Mall and as su…

DCIT, NEW DELHI vs. M/S DLF LTD.,, NEW DELHI

In the result, the appeal of the assessee is partly allowed and the appeal of the Revenue is dismissed

Bench: Shri B.P. Jain & Shri K.N. Chary.

…of the submission of Ld Counsel was that there is no loss to the revenue as rent is ultimately taxed in the hands of sister concern and for this proposition he relied upon decision of Hon’ble Apex court in the case of Ashish Plastics Industries v. ACIT[2015] 373 ITR 45 (SC). Reference was also made to another decision of Hon’ble Supreme Court in the case of Excel Industries Ltd. 358 ITR 295 (SC). 41. The Ld CIT DR, on the other hand, relied upon the order of AO and CIT(A) and contended that since the assessee is the owner of Kiosks, the rental income is to be taxed in the hands of assessee only. 42. We have he…

DLF LTD.,NEW DELHI vs. ADDL. CIT, NEW DELHI

In the result, the appeal of the assessee is partly allowed and the appeal of the Revenue is dismissed

Bench: Shri B.P. Jain & Shri K.N. Chary.

…of the submission of Ld Counsel was that there is no loss to the revenue as rent is ultimately taxed in the hands of sister concern and for this proposition he relied upon decision of Hon’ble Apex court in the case of Ashish Plastics Industries v. ACIT[2015] 373 ITR 45 (SC). Reference was also made to another decision of Hon’ble Supreme Court in the case of Excel Industries Ltd. 358 ITR 295 (SC). 41. The Ld CIT DR, on the other hand, relied upon the order of AO and CIT(A) and contended that since the assessee is the owner of Kiosks, the rental income is to be taxed in the hands of assessee only. 42. We have he…