JHASI DEVELOPMENT AUTHORITY,JHANSI vs. DY. C.I.T., CIRCLE-4, AGRA

In the result the appeal of the assessee is allowed and the appeal

Bench: Shri Laliet Kumar,And Dr. Mitha Lal Meenajhansi Development Authority Vs..Dcit Circle-4, Commissionerycompus, Agra. Jhansi. (Now The Dy. Cit Panno.Aaalj0068K (Exemption) Ghaziabad. (Assessee) (Revenue) Acit, 4(1), Vs..Jhansi Development Agra. Authority (Now The Dy. Cit Commissionerycompus, Jhansi. (Exemption) Ghaziabad. Panno.Aaalj0068K (Revenue) (Assessee)

price thereby making a profit. The assessee also sells such land to colonizers and builders for further development and constructions.. These activities are clearly in the nature of trade and commerce and therefore the same attracts proviso to section 2(15) of I.T.Act. b. The assessee converts a lease hold land to Free Hold Land thereby increasing its value

AGRA DEVELOPMENT AUTHORITY,AGRA vs. DCIT., CIRCLE-1, AGRA

The appeals of the assessee are allowed and the appeal of the revenue is dismissed

24. The view of the Punjab and Haryana High Court has been followed by the Delhi High Court in St. Lawrence Educational Society (Regd.) v. Commissioner of Income Tax &Anr., (2011) 53 DTR (Del) 130. Also in Tolani Education Society v. Deputy Director of Income Tax (Exemption) &Ors., (2013) 351 ITR 184, the Bombay High Court has expressed a view

A.C.I.T., CIRCLE-2,, AGRA vs. M/S SAKSHI TAIRI & CHHAYA BATTAD, MORENA

In the result, appeal of the Revenue is allowed for statistical purposes

Bench: : Shri Laliet Kumar & Dr. Mitha Lal Meena

vi)Manoj Kumar & Sharmila Agarwal, Morena ITA 124 /Agr/2014 & Ors 19 9. That during the course of search and seizure action as aforesaid the Authorized Officers had recorded the statements of the members of the above named AOPs, under section 132(4) of the Act. 10. That in their statements, recorded under section 132(4), they had stated that

A.C.I.T., CIRCLE-2, GWALIOR vs. M/S SUNIL KUMAR MITTAL & MAMTA MITTAL, MORENA

In the result, appeal of the Revenue is allowed for statistical purposes

Bench: : Shri Laliet Kumar & Dr. Mitha Lal Meena

vi)Manoj Kumar & Sharmila Agarwal, Morena ITA 124 /Agr/2014 & Ors 19 9. That during the course of search and seizure action as aforesaid the Authorized Officers had recorded the statements of the members of the above named AOPs, under section 132(4) of the Act. 10. That in their statements, recorded under section 132(4), they had stated that

A.C.I.T., CIRCLE-2, GWALIOR vs. M/S RAKESH SHIVHARE & NISHA MITTAL, MORENA

In the result, appeal of the Revenue is allowed for statistical purposes

Bench: : Shri Laliet Kumar & Dr. Mitha Lal Meena

vi)Manoj Kumar & Sharmila Agarwal, Morena ITA 124 /Agr/2014 & Ors 19 9. That during the course of search and seizure action as aforesaid the Authorized Officers had recorded the statements of the members of the above named AOPs, under section 132(4) of the Act. 10. That in their statements, recorded under section 132(4), they had stated that

A.C.I.T.,CIRCLE-2, GWALIOR vs. M/S VANDANA JAIN & RAMA BANSAL, MORENA

In the result, appeal of the Revenue is allowed for statistical purposes

Bench: : Shri Laliet Kumar & Dr. Mitha Lal Meena

vi)Manoj Kumar & Sharmila Agarwal, Morena ITA 124 /Agr/2014 & Ors 19 9. That during the course of search and seizure action as aforesaid the Authorized Officers had recorded the statements of the members of the above named AOPs, under section 132(4) of the Act. 10. That in their statements, recorded under section 132(4), they had stated that

A.C.I.T., CIRCLE-2, GWALIOR vs. M/S SHYAM SUNDER & MANISH TAORI, MORENA

In the result, appeal of the Revenue is allowed for statistical purposes

Bench: : Shri Laliet Kumar & Dr. Mitha Lal Meena

vi)Manoj Kumar & Sharmila Agarwal, Morena ITA 124 /Agr/2014 & Ors 19 9. That during the course of search and seizure action as aforesaid the Authorized Officers had recorded the statements of the members of the above named AOPs, under section 132(4) of the Act. 10. That in their statements, recorded under section 132(4), they had stated that

ACIT, CC, AGRA, AGRA vs. HMA AGRO INDUSTRIES LIMITED,, AGRA

In the result, ground no.1 raised by the Revenue is accordingly dismissed

Bench: Shris.Rifaur Rahman & Shri Sunil Kumar Singhhma Agro Industries Limited, Vs. Dcit, Central Circle, 2/220, 2Nd Floor, Glory Plaza, Agra. Opp. Soor Sadan, M.G. Road, Agra – 282 002. (Pan :Aacch0450J)

vi). Reliance is being placed on the judgment of Loil Continental Foods Ltd. Vs PCIT, in ITA No. 577/Chd/2017 (Chd-Trib.) vide order, dated 04.12.2019, in which, in para 17 of the judgment, it has been held as under:- “17. The ld. CIT made reference to the Explanation-2 to Section 263 and also decision of Hon’ble Supreme Court

ACIT, CC, AGRA, AGRA vs. HMA AGRO INDUSTRIES LIMITED,, AGRA

In the result, ground no.1 raised by the Revenue is accordingly dismissed

Bench: Shris.Rifaur Rahman & Shri Sunil Kumar Singhhma Agro Industries Limited, Vs. Dcit, Central Circle, 2/220, 2Nd Floor, Glory Plaza, Agra. Opp. Soor Sadan, M.G. Road, Agra – 282 002. (Pan :Aacch0450J)

vi). Reliance is being placed on the judgment of Loil Continental Foods Ltd. Vs PCIT, in ITA No. 577/Chd/2017 (Chd-Trib.) vide order, dated 04.12.2019, in which, in para 17 of the judgment, it has been held as under:- “17. The ld. CIT made reference to the Explanation-2 to Section 263 and also decision of Hon’ble Supreme Court

HMA AGRO INDUSTRIES LIMITED,AGRA vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE, AGRA, AGRA

In the result, ground no.1 raised by the Revenue is accordingly dismissed

Bench: Shris.Rifaur Rahman & Shri Sunil Kumar Singhhma Agro Industries Limited, Vs. Dcit, Central Circle, 2/220, 2Nd Floor, Glory Plaza, Agra. Opp. Soor Sadan, M.G. Road, Agra – 282 002. (Pan :Aacch0450J)

vi). Reliance is being placed on the judgment of Loil Continental Foods Ltd. Vs PCIT, in ITA No. 577/Chd/2017 (Chd-Trib.) vide order, dated 04.12.2019, in which, in para 17 of the judgment, it has been held as under:- “17. The ld. CIT made reference to the Explanation-2 to Section 263 and also decision of Hon’ble Supreme Court

SIDDHI VINAYAK SHIKSHA PRASAR EVAM SAMAJ KALYAN SAMITI ,GWALIOR vs. CIT(EXTEMPTION) , BHOPAL

In the result, the both the appeals ITA No

Bench: : Shri S. Rifaur Rahman & Shri Sunil Kumar Singh

vi) of the Act was granted to the assessee on 15.01.2022 for AY 2022-23 to 2024-25. Assessee was required to apply in form 10AB u/s 12A(1)(ac)(iii) of the Act within six months from the start of activities or before the six month from the expiry of certificate, whichever was earlier. In instant case, assessee applied

SIDDHI VINAYAK SHIKSHA PRASAR EVAM SAMAJ KALYAN SAMITI,GWALIOR vs. CIT(EXEMPTION), BHOPAL

In the result, the both the appeals ITA No

Bench: : Shri S. Rifaur Rahman & Shri Sunil Kumar Singh

vi) of the Act was granted to the assessee on 15.01.2022 for AY 2022-23 to 2024-25. Assessee was required to apply in form 10AB u/s 12A(1)(ac)(iii) of the Act within six months from the start of activities or before the six month from the expiry of certificate, whichever was earlier. In instant case, assessee applied